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:
- 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.
- 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
Crime | Punishment | Police Action | Bail? | Trial Court |
---|---|---|---|---|
Counterfeiting a property mark used by another person | Up to 2 years jail OR fine OR both | Non-cognizable | Bailable | Any Magistrate |
Counterfeiting a property mark used by a public servant | Up to 3 years jail + fine | Non-cognizable | Bailable | First 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
- 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.
- 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.