What Is BNS Section 346?

Bharatiya Nyaya Sanhita, 2023 - Section 346: Tampering with Property Mark with Intent to Cause Injury

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall 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 346 addresses the illegal alteration of property marks and outlines the penalties for tampering with them with malicious intent.

Question & Answers

Q1: What actions are considered tampering with a property mark under Section 346?

A1: Tampering includes removing, destroying, defacing, or adding to any property mark.

Q2: What is the intent required for prosecution under this section?

A2: The offender must intend to cause injury or know that their actions are likely to cause injury to any person.

Q3: What are the possible penalties for tampering with a property mark?

A3: The penalties include imprisonment for up to one year, a fine, or both.

Q4: Can a person be punished if they accidentally tamper with a property mark?

A4: The section specifically targets intentional or knowing actions; therefore, accidental tampering without intent to cause injury may not lead to punishment under this provision.

Example

If someone deliberately removes a mark indicating ownership from a piece of furniture to mislead others about its rightful owner, this would be considered tampering with a property mark.

Summary

Section 346 of the Bharatiya Nyaya Sanhita focuses on the unlawful alteration of property marks, detailing the necessary intent and the legal repercussions for those who engage in such tampering.