Bharatiya Nyaya Sanhita, 2023
BNS Section 345
Property mark
In one line
BNS Section 345 deals with property mark and replaces IPC 479 (now 345(1)), IPC 481 (now 345(2)), IPC 482 (now 345(3)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 345(3) | Using a false property mark with intent to deceive or injure any person. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 345
345. Property mark.
(1) A mark used for denoting that movable property belongs to a particular person is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What changed from the IPC
- IPC 479 → BNS 345(1): IPC section is included as a sub-section in BNS.
- IPC 481 → BNS 345(2): IPC section is included as a sub-section in BNS sans heading.
- IPC 482 → BNS 345(3): IPC section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 345 in the IPC?
BNS Section 345 (Property mark) replaces Sections 479, 481, 482 of the Indian Penal Code, 1860. IPC 479 is now BNS 345(1). IPC 481 is now BNS 345(2). IPC 482 is now BNS 345(3).
What is the punishment under BNS 345(3)?
Using a false property mark with intent to deceive or injure any person – punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 345 bailable?
Bailable: BNS 345(3). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 340 — Forged document or electronic record and using it as genuine
- BNS 341 — Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
- BNS 342 — Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- BNS 343 — Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
- BNS 344 — Falsification of accounts
- BNS 346 — Tampering with property mark with intent to cause injury
- BNS 347 — Counterfeiting a property mark
- BNS 348 — Making or possession of any instrument for counterfeiting a property mark
- BNS 349 — Selling goods marked with a counterfeit property mark
- BNS 350 — Making a false mark upon any receptacle containing goods