Bharatiya Nyaya Sanhita, 2023

Section 347 BNS: Counterfeiting a Property Mark

Section 347 BNS creates two offences relating to counterfeit property marks. Sub-section (1) deals with counterfeiting a property mark used by another person. Sub-section (2) creates an aggravated offence for counterfeiting certain marks used by a public servant and also punishes use of such a counterfeit mark as genuine with knowledge that it is counterfeit.

Current legal position: Section 347(1) is punishable with imprisonment up to two years, or fine, or both. Section 347(2) is punishable with imprisonment up to three years and fine. Both are non-cognizable and bailable; Section 347(1) is triable by any Magistrate, while Section 347(2) is triable by a Magistrate of the first class.

Meaning of "Property Mark" Under Section 345 BNS

Section 345(1) BNS defines a property mark as a mark used for denoting that movable property belongs to a particular person.

Section 347(1) - Counterfeiting a Property Mark Used by Another Person

Whoever counterfeits any property mark used by any other person is punishable under Section 347(1).

Punishment is imprisonment of either description up to two years, or fine, or both.

Section 347(2) - Counterfeiting a Mark Used by a Public Servant

Section 347(2) applies where a person counterfeits a property mark used by a public servant, or another mark used by a public servant to denote one or more of the following:

  • that property has been manufactured by a particular person;
  • that property has been manufactured at a particular time;
  • that property has been manufactured at a particular place;
  • that property is of a particular quality;
  • that property has passed through a particular office; or
  • that property is entitled to an exemption.

Punishment is imprisonment of either description up to three years and fine.

Using a Counterfeit Public-Servant Mark as Genuine

Section 347(2) also punishes a person who uses as genuine any such public-servant mark while knowing that the mark is counterfeit.

This is distinct from merely counterfeiting the mark because the statutory text separately covers actual use as genuine with knowledge of its counterfeit character.

Essential Ingredients of Section 347 BNS

For Section 347(1)

  1. there must be a property mark used by another person; and
  2. the accused must counterfeit that property mark.

For Section 347(2)

  1. there must be a property mark or other qualifying mark used by a public servant; and
  2. the accused must counterfeit that mark, or use such a mark as genuine knowing it to be counterfeit.

Punishment, Cognizability, Bail and Trial Court

ProvisionPunishmentCognizableBailableTrial court
Section 347(1) Imprisonment of either description up to 2 years, or fine, or both No Yes Any Magistrate
Section 347(2) Imprisonment of either description up to 3 years and fine No Yes Magistrate of the first class

Compounding Under the BNSS

The BNSS compounding table lists Section 347(1), described as counterfeiting a property mark used by another, as compoundable by the person to whom loss or injury is caused by such use.

This limited compounding entry should not be extended to Section 347(2), which concerns marks used by public servants.

Difference Between Sections 346, 347 and 348 BNS

Section 346 concerns tampering with an existing property mark with intent or knowledge of likely injury. Section 347 concerns counterfeiting the mark itself. Section 348 deals with making or possessing instruments for counterfeiting property marks.

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 the punishment under Section 347(1)?

Imprisonment up to two years, or fine, or both.

What is the punishment under Section 347(2)?

Imprisonment up to three years and fine.

Is Section 347 cognizable?

No. Both sub-sections are non-cognizable.

Is Section 347 bailable?

Yes. Both sub-sections are bailable.

Which court tries Section 347?

Section 347(1) is triable by any Magistrate. Section 347(2) is triable by a Magistrate of the first class.

Can Section 347(1) be compounded?

Yes, the BNSS compounding table lists Section 347(1) as compoundable by the person to whom loss or injury is caused by such use.

This page provides general legal information. Application of Section 347 depends on the nature of the mark, who uses it, whether it was counterfeited or used as genuine, the accused's knowledge where relevant, and the evidence in the individual case.