Bharatiya Nyaya Sanhita, 2023
Section 348 BNS: Making or Possessing an Instrument for Counterfeiting a Property Mark
Section 348 BNS punishes the making or possession of a die, plate or other instrument for the purpose of counterfeiting a property mark. It also covers possession of a property mark for the purpose of falsely denoting that goods belong to a person to whom they do not belong.
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.
First Limb: Making or Possessing an Instrument for Counterfeiting
Section 348 applies where a person makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark.
The statutory purpose is important. Mere possession of a die, plate or instrument does not, by itself, reproduce the whole offence unless the required counterfeiting purpose is present.
Second Limb: Possession of a Property Mark to Falsely Denote Ownership of Goods
The section also applies where a person has in his possession a property mark for the purpose of denoting that goods belong to a person to whom they do not belong.
This limb focuses on possession of the property mark itself, coupled with the purpose of creating a false representation of ownership.
Essential Ingredients of Section 348 BNS
Either of the following statutory alternatives must be present:
- making or possessing a die, plate or other instrument for the purpose of counterfeiting a property mark; or
- possessing a property mark for the purpose of denoting that goods belong to a person to whom they do not belong.
The relevant purpose is central to both branches of Section 348.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Section 348 BNS | Imprisonment of either description up to 3 years, or fine, or both | No | Yes | Magistrate of the first class |
Difference Between Sections 347, 348 and 349 BNS
Section 347 punishes counterfeiting a property mark itself and, in specified cases, using a counterfeit public-servant mark as genuine. Section 348 focuses on making or possessing instruments for counterfeiting a property mark, or possessing a property mark for falsely denoting ownership. Section 349 addresses selling goods marked with a counterfeit property mark.
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 does Section 348 BNS punish?
It punishes making or possessing a die, plate or other instrument for counterfeiting a property mark, and also possession of a property mark for falsely denoting ownership of goods.
Is actual counterfeiting necessary for Section 348?
No. The section expressly criminalises making or possession of the specified instrument for the purpose of counterfeiting, even before the counterfeit property mark is actually produced.
What is the punishment under Section 348?
Imprisonment of either description up to three years, or fine, or both.
Is Section 348 cognizable?
No. It is non-cognizable.
Is Section 348 bailable?
Yes. It is bailable.
Which court can try Section 348?
A Magistrate of the first class.
This page provides general legal information. Application of Section 348 depends on the nature of the instrument or property mark, the purpose for which it was made or possessed, and the evidence in the individual case.