BNS Section 347 – Counterfeiting a property mark

The Indian Penal Code (IPC) Section – 483, 484

Understanding Bharatiya Nyaya Sanhita (BNS) Section 347: Counterfeiting a Property Mark

This law deals with creating fake property marks or using counterfeit marks to deceive others. Here’s a simple breakdown:


What is the Crime?

There are two situations covered under this section:

  1. Counterfeiting a Property Mark Used by Another Person:
    • Example: Creating a fake brand logo to sell counterfeit products.
    • Punishment: Up to 2 years in jail OR fine OR both.
  2. Counterfeiting a Property Mark Used by a Public Servant:
    • Example: Faking a government stamp or mark used to certify the quality or origin of goods.
    • Punishment: Up to 3 years in jail + fine.

Key Points in Simple Table

CrimePunishmentPolice ActionBail?Trial Court
Counterfeiting a property mark used by another personUp to 2 years jail OR fine OR bothNon-cognizableBailableAny Magistrate
Counterfeiting a property mark used by a public servantUp to 3 years jail + fineNon-cognizableBailableFirst Class Magistrate

What Does “Counterfeiting a Property Mark” Mean?

  • Property Mark: A symbol, label, or sign used to show ownership or certify the quality of goods.
  • Counterfeiting: Creating a fake copy of such a mark to deceive others.

Why is This Law Important?

  • Property marks help identify the owner or certify the quality of goods.
  • Counterfeiting such marks can deceive people, harm businesses, or cause financial losses.
  • This law ensures that such fraudulent actions are punished.

Real-Life Examples

  1. Example 1: Ramesh creates a fake brand logo to sell counterfeit shoes. He can face up to 2 years in jail or a fine or both.
  2. Example 2: Priya fakes a government certification mark to sell low-quality goods as high-quality. She can be punished with up to 3 years in jail and a fine.

Conclusion

BNS Section 347 strictly punishes those who counterfeit property marks, especially those used by public servants. The punishment can range from up to 2 years in jail (for general cases) to up to 3 years in jail (for marks used by public servants), along with fines. Always use genuine marks and avoid fraudulent activities to stay clear of legal trouble.