Bharatiya Nyaya Sanhita, 2023
BNS Section 347
Counterfeiting a property mark
In one line
BNS Section 347 deals with counterfeiting a property mark and replaces IPC 483 (now 347(1)), IPC 484 (now 347(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 347(1) | Counterfeiting a property mark used by another, with intent to cause damage or injury. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 347(2) | Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property. | Imprisonment for 3 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
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 347
347. Counterfeiting a property mark.
(1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
What changed from the IPC
- IPC 483 → BNS 347(1): IPC section is included as a sub-section in BNS.
- IPC 484 → BNS 347(2): IPC Section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 347 in the IPC?
BNS Section 347 (Counterfeiting a property mark) replaces Sections 483, 484 of the Indian Penal Code, 1860. IPC 483 is now BNS 347(1). IPC 484 is now BNS 347(2).
What is the punishment under BNS 347(1)?
Counterfeiting a property mark used by another, with intent to cause damage or injury – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 347(2)?
Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 347 bailable?
Bailable: BNS 347(1), 347(2). 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 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 345 — Property mark
- BNS 346 — Tampering with property mark with intent to cause injury
- 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
- BNS 351 — Criminal intimidation
- BNS 352 — Intentional insult with intent to provoke breach of peace