Bharatiya Nyaya Sanhita, 2023
BNS Section 348
Making or possession of any instrument for counterfeiting a property mark
In one line
BNS Section 348 deals with making or possession of any instrument for counterfeiting a property mark and replaces IPC 485.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 348 | Fraudulently making or having possession of any die, plate or other instrument for counterfeiting any public or private property mark. | Imprisonment for 3 years, or fine, or both. | 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 348
348. Making or possession of any instrument for counterfeiting a property mark.
Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Frequently asked
What was BNS Section 348 in the IPC?
BNS Section 348 (Making or possession of any instrument for counterfeiting a property mark) replaces Section 485 of the Indian Penal Code, 1860. IPC 485 is now BNS 348.
What is the punishment under BNS 348?
Fraudulently making or having possession of any die, plate or other instrument for counterfeiting any public or private property mark – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 348 bailable?
Bailable: BNS 348. 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 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 347 — 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
- BNS 353 — Statements conducing to public mischief