Sections 151 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These three sections are short housekeeping provisions. Section 151 saves civil suits and discovery from being displaced by the offences in Chapter XII and protects a servant who acts in good faith. Section 152 stops the Registration Act, 1908 being used to register a document declaring ownership of an unregistered trade mark. Section 153 says the Act binds the Government. For general advice on how these fit your situation, see our legal consultation service.
Section 151: nothing in Chapter XII (offences and penalties) exempts anyone from a suit or proceeding, lets anyone refuse discovery, or makes a servant who in good faith obeys his master's instructions liable to prosecution, if he gives full information on demand. Section 152: no document declaring ownership or title to a trade mark other than a registered trade mark can be registered under the Registration Act, 1908. Section 153: the Act is binding on the Government.
Section 151: savings in respect of certain matters in Chapter XII
"Nothing in Chapter XII shall" do any of the following three things. (Chapter XII is the offences-and-penalties chapter; for it, see criminal offences under sections 103–105.)
| Clause | What Chapter XII does not do |
|---|---|
| (a) | Exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him |
| (b) | Entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding; but the discovery or answer is not admissible in evidence against him in a prosecution for an offence under that Chapter, or against a Customs Act confiscation proceeding mentioned in the clause |
| (c) | Render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the master's instructions and, on demand by or for the prosecutor, has given full information about his master and the instructions he received |
Clause (b) in more detail
The shield against admissibility is narrow. The section says the discovery or answer shall not be admissible "in evidence against such person in any such prosecution for an offence under that Chapter or against clause (h) of Section 112 of the Customs Act, 1962 relating to confiscation of goods under clause (d) of Section 111 of that Act and notified by the Central Government under clause (n) of sub-section (2) of Section 11 thereof for the protection of trade marks relating to import of goods". The Act prints "clause (h)" of section 112 here, whereas sections 116 and 118 of the same Act refer to "clause (b) of section 112" of the Customs Act; the "(h)" looks like a slip in the Act itself, so read the reference together with those sections. The point is the same: a person must give discovery in a civil matter, but what he says cannot be used against him in the prosecution or the Customs confiscation described.
Clause (c): the servant
The protection applies to a servant of a master resident in India who:
- acts in good faith;
- acts in obedience to the instructions of the master; and
- on demand by or on behalf of the prosecutor, has given full information about the master and the instructions received.
All three must be met. A servant who acts knowingly or withholds information is outside it.
Example. A shop assistant at Dutta Stores sells goods marked with a mark that turns out to be false, on the owner's instructions, and tells the investigator fully who instructed him. Under clause (c) he is not liable to prosecution or punishment under Chapter XII. The owner's own position is not saved by this clause. Clause (c) concerns the servant only.
Section 152: declaration of ownership not registrable under the Registration Act, 1908
"Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no document declaring or purporting to declare the ownership or title of a person to a trade mark other than a registered trade mark shall be registered under that Act."
| Document | Registrable under the Registration Act, 1908? |
|---|---|
| Declaration of ownership of an unregistered trade mark | Not registrable (section 152) |
| Declaration of ownership of a registered trade mark | Not covered by this prohibition on its face |
The section applies to documents about ownership or title to a mark that is not registered. It does not stop you from making a declaration or using it as evidence of use; it only stops registration of that document under the 1908 Act. Where you want to record a transfer of a registered mark, use the Act's own assignment procedure; see assignment of trademark with and without goodwill. For protection of an unregistered mark, the Act recognises passing off; see passing off.
Section 153: Government to be bound
"The provisions of this Act shall be binding on the Government."
This is a single sentence. It means the Government has no exemption from the Act. The text does not say how a claim against the Government is to be brought or what remedies apply; those matters are left to other law.
Practical points
- Do not rely on a registered deed to establish ownership of an unregistered mark; section 152 bars that route. Build proof by use and, where possible, apply to register the mark.
- In a civil suit, expect to give discovery; Chapter XII does not let you refuse.
- If you act for an employer on instructions, keep a record of the instructions and cooperate with the investigator, as clause (c) requires.
- Government bodies using marks must respect registered rights as anyone else must.
Need help with an ownership or enforcement question?
If your issue involves proving ownership of an unregistered brand or understanding your exposure under the offences chapter, our legal consultation service can walk through the position with you and suggest the next step.
Key takeaways
- Chapter XII does not exempt anyone from civil suits and proceedings or allow refusal of discovery.
- Discovery and answers given cannot be used against the person in the prosecution or Customs matter described in clause (b).
- A servant who acts in good faith on his master's instructions and gives full information on demand is not liable to prosecution or punishment under Chapter XII.
- A document declaring ownership of an unregistered trade mark cannot be registered under the Registration Act, 1908.
- The Act binds the Government.
Read next
- Sections 149–150: Registrar's reports, fees and surcharge
- Section 154: convention applications and priority
- Criminal offences under the Trade Marks Act: sections 103–105
- Passing off: common law protection for unregistered marks
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.