Section 348 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a clear and detailed breakdown of Section 348 of the Bharatiya Nyaya Sanhita, 2023 (BNS):
📌 Section 348 – Making or Possession of Instruments for Counterfeiting Property Marks
Legal Text (paraphrased):
Whoever makes, or is in possession of any die, plate or other instrument intended for counterfeiting a property mark, or possesses a counterfeit property mark designed to falsely indicate that goods belong to someone, shall be punished with:
Imprisonment (simple or rigorous) for up to 3 years,
Fine, or both.
(sudhirrao.com, lawrato.com)
🔑 Key Elements
Offender:
Any individual who either creates or holds a tool (e.g., die, plate) used to reproduce a property mark fraudulently.
Includes possession of an actual counterfeit mark with intent to misattribute goods.
Intent:
Implicit fraudulent intention to deceive about ownership or affiliation.
Server Instruments:
Tools and materials that enable replication of official marks indicating origin or property.
🛡️ Legal Context
Falls under Chapter XVIII: Offences Relating to Documents and to Property Marks, closely related to:
Section 347: Counterfeiting property marks themselves.
Section 349: Selling goods with counterfeit marks.
Section 346: Tampering with genuine marks.
(leadindia.law)
🧾 Summary Table
| Act | Offence | Penalty |
|---|---|---|
| Making or possessing instrument or counterfeit mark | For forging property marks | ≤ 3 years imprisonment, or fine, or both |
⚖️ IPC Comparison
This BNS provision mirrors Section 485 of the Indian Penal Code, which also penalizes the manufacture or possession of instruments used for counterfeiting property marks.
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