Section 347 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 347 of the Bharatiya Nyaya Sanhita (BNS), 2023—part of Chapter XVIII: Offences Relating to Documents & Property Marks:
📜 Section 347 – Counterfeiting a Property Mark
(1) Anyone who counterfeits any property mark used by another person commits an offence.
Punishment: Up to 2 years’ imprisonment (simple or rigorous), or a fine, or both (sudhirrao.com).
(2) If the counterfeit mark is used by a public servant, or identifies that a property:
Was manufactured by a specific person,
At a particular time or place,
Is of a certain quality,
Has passed through a certain office, or
Is entitled to any exemption—
and the person counterfeits or uses it knowing it’s counterfeit:
Punishment: Up to 3 years’ imprisonment, plus fine (sudhirrao.com).
💡 Key Points
Property marks include stamps, seals, or any marking indicating ownership, origin, quality, official processing, or tax/exemption status.
The first clause covers general counterfeiting; the second clause applies when marks involve public authority or official status.
Knowledge of the mark’s falsity is essential for Clause (2).
⚖️ Legal Classification & Procedure
Cognizable: ✅ Police may arrest without a warrant.
Bailable: ✅ Yes.
Triable by: First‑Class Magistrate, in alignment with other offences under this chapter.
🛡️ Rationale & Context
Updates and expands on IPC’s similar offences relating to property‑mark fraud.
Protects consumers and public from forged trademarks, expired or counterfeit official stamps, or misrepresentations of quality or regulation.
The enhanced penalty for counterfeiting public-servant marks reflects stronger state interest.
✅ Summary Table
Clause
Imprisonment
Fine
Counterfeiting another person’s mark
Up to 2 years
Yes
Counterfeiting mark of public authority
Up to 3 years
Yes
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