Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 345: Property Mark
(1) A mark used for denoting that movable property belongs to a particular person is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
(3) Whoever uses any false property mark 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 one year, or with fine, or with both.
Brief Detail
BNS Section 345 defines property marks and outlines the consequences of using false property marks to mislead ownership of movable property.
Question & Answers
Q1: What is a property mark as per Section 345?
A1: A property mark is a mark used to indicate that movable property belongs to a specific individual.
Q2: What constitutes the use of a false property mark?
A2: Using a mark in a way that suggests that property belongs to someone else, causing others to believe it wrongly, is considered using a false property mark.
Q3: What are the penalties for using a false property mark?
A3: The penalty includes imprisonment for up to one year, a fine, or both, unless the offender can prove they acted without intent to defraud.
Q4: Is intent to defraud a necessary element for prosecution under this section?
A4: Yes, the accused can avoid punishment by proving they acted without the intent to defraud.
Example
For instance, if someone places a mark on a suitcase to make it appear as if it belongs to them when it actually does not, that would be an example of using a false property mark.
Summary
Section 345 of the Bharatiya Nyaya Sanhita establishes the definition of property marks, the criteria for false property marks, and the legal consequences for misuse, emphasizing the importance of rightful ownership.
