Bharatiya Nyaya Sanhita, 2023

BNS Section 350

Making a false mark upon any receptacle containing goods

In one line

BNS Section 350 deals with making a false mark upon any receptacle containing goods and replaces IPC 487 (now 350(1)), IPC 488 (now 350(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
350(1)Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc.Imprisonment for 3 years, or fine, or both.Non-cognizable.Bailable.Any Magistrate.
350(2)Making use of any such false mark.Imprisonment for 3 years, 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 350

350. Making a false mark upon any receptacle containing goods.

(1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, 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 three years, or with fine, or with both.

(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1). OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.

What changed from the IPC

  • IPC 487 → BNS 350(1): IPC section is included as a sub-section in BNS.
  • IPC 488 → BNS 350(2): IPC section is included as a sub-section in BNS sans heading.

Frequently asked

What was BNS Section 350 in the IPC?

BNS Section 350 (Making a false mark upon any receptacle containing goods) replaces Sections 487, 488 of the Indian Penal Code, 1860. IPC 487 is now BNS 350(1). IPC 488 is now BNS 350(2).

What is the punishment under BNS 350(1)?

Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc – 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 any Magistrate.

What is the punishment under BNS 350(2)?

Making use of any such false mark – Imprisonment for 3 years, or fine, or both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 350 bailable?

Bailable: BNS 350(1), 350(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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