Mere possession of a fake ISI mark is not an offence under the BIS Act without proof of its use, Kerala High Court holds

20 October 2026

Justice A. Badharudeen of the Kerala High Court held that mere possession of a spurious ISI mark is not punishable under the Bureau of Indian Standards Act, 1986 unless its actual use is proved.
The court read Sections 11 and 12 with Section 33 of the Act and said the legislature used the word 'used', not 'possess'.
Section 11 prohibits improper use of the Standard Mark, and Section 13 lays down the penalty.
The Bureau of Indian Standards had appealed against a Magistrate's acquittal of M/s Mars Veneers and Boards and its partners.
BIS officials had found a roller bearing a spurious ISI mark at the factory; the High Court dismissed the appeal.