Chapter XII - Offences, Penalties and Procedure
Section 120
Section 120: Abetment in India of overseas acts
A person in India who abets an overseas act that would be an offence under this Act if committed in India can be tried under this provision.
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Need advice on Section 120?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
If any person, being within India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetment in any place in India in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted.
Rule and business relevance
The trial may take place anywhere in India where that person is found. The stated punishment corresponds to what would apply if that person had committed the abetted act there.
Limits and related provisions
An overseas event is not enough by itself. Identify abetment by a person within India and the hypothetical Indian offence; do not assume every cross-border brand dispute is criminal.
Hypothetical business example
Hypothetical example: A person operating from India is alleged to assist false-mark conduct abroad. The case must establish the abetment connection and the conduct’s offence character under Indian law.
Practical decision flow
Identify the alleged abetment and the person’s location.
Test whether the overseas act would be an offence if committed in India.
Assess the specified trial venue and corresponding punishment.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the alleged abetment and the person’s location.
- Test whether the overseas act would be an offence if committed in India.
- Assess the specified trial venue and corresponding punishment.
Avoid
- An overseas event is not enough by itself. Identify abetment by a person within India and the hypothetical Indian offence; do not assume every cross-border brand dispute is criminal.
Glossary
- Abetment connection
- Assistance or involvement that must meet the applicable legal meaning of abetment.
- Domestic offence test
- Whether the act would be an offence under this Act if committed in India.
Frequently asked questions
Must the abettor be within India for this provision?
That is the stated condition.
Where may the trial occur?
At a place in India where the person is found.
Does any overseas trade mark disagreement qualify?
No. The abetment and offence conditions must be met.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026