What Is BNS Section 348?

Bharatiya Nyaya Sanhita, 2023 - Section 348: Making or Possession of Any Instrument for Counterfeiting a Property Mark

Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Brief Detail

BNS Section 348 addresses the offense of making or possessing instruments intended for counterfeiting property marks and outlines the penalties involved.

Question & Answers

Q1: What actions are prohibited under Section 348?

A1: This section prohibits making or possessing any die, plate, or instrument intended for counterfeiting property marks, as well as possessing a property mark to misrepresent ownership of goods.

Q2: What are the penalties for violating Section 348?

A2: The penalties include imprisonment for up to three years, or a fine, or both, depending on the severity of the offense.

Q3: What constitutes possession under this section?

A3: Possession refers to having control or custody of the instruments or property marks, regardless of the intent to use them for counterfeiting.

Q4: Can someone be penalized for merely having a property mark that is not intended for counterfeiting?

A4: No, this section specifically targets the intent to use the property mark for misrepresentation or counterfeiting.

Example

If a person is found with a die designed to create fake property marks, intending to use it to misrepresent ownership of goods, this would constitute an offense under this section.

Summary

Section 348 of the Bharatiya Nyaya Sanhita focuses on making or possessing instruments for counterfeiting property marks, establishing clear penalties for such actions.