Bharatiya Nyaya Sanhita, 2023
Section 345 BNS: Property Mark and False Property Mark
Section 345 BNS defines a property mark, explains when a false property mark is used, and prescribes punishment for using a false property mark unless the accused proves that he acted without intent to defraud.
Section 345(1) - What Is a Property Mark?
A mark used for denoting that movable property belongs to a particular person is called a property mark.
The definition is tied to ownership identification of movable property.
Section 345(2) - What Is a False Property Mark?
A person uses a false property mark if he marks movable property or goods, or a case, package or other receptacle containing such property or goods, in a manner reasonably calculated to cause it to be believed that the property or goods belong to a person to whom they do not belong.
The provision also covers use of a case, package or other receptacle already bearing such a misleading mark.
Section 345(3) - Punishment for Using a False Property Mark
Whoever uses a false property mark is punishable, unless he proves that he acted without intent to defraud, with imprisonment of either description up to one year, or fine, or both.
Essential Ingredients of Section 345(3) BNS
- there must be a mark connected with movable property, goods, or a receptacle containing them;
- the mark must be used in a manner reasonably calculated to create a false belief about ownership;
- the property or goods must appear to belong to a person to whom they do not in fact belong; and
- the use must fall within Section 345(2), subject to the statutory defence in Section 345(3).
Intent to Defraud and the Statutory Defence
Section 345(3) uses the phrase "unless he proves that he acted without intent to defraud." This wording places express significance on absence of fraudulent intent as a statutory defence once use of a false property mark is established.
The provision should therefore not be simplified into a rule that every incorrect or mistaken mark automatically results in criminal liability.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Section 345(3) BNS | Imprisonment of either description up to 1 year, or fine, or both | No | Yes | Any Magistrate |
Property Mark Compared With Trade Mark or Brand Use
Section 345 is concerned with a mark denoting that movable property belongs to a particular person. Whether other intellectual-property, trade-mark or consumer-protection laws also apply depends on the facts and the nature of the mark used.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What is a property mark under Section 345 BNS?
A mark used to denote that movable property belongs to a particular person.
What is a false property mark?
A mark or marked receptacle used in a manner reasonably calculated to create a false belief that movable property or goods belong to a person to whom they do not belong.
What is the punishment under Section 345(3)?
Imprisonment up to one year, or fine, or both.
Is Section 345(3) cognizable?
No. It is non-cognizable.
Is Section 345(3) bailable?
Yes. It is bailable.
Which court can try Section 345(3)?
Any Magistrate.
This page provides general legal information. Application of Section 345 depends on the mark used, the ownership representation created, the surrounding circumstances and the evidence concerning intent to defraud.