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Bharatiya Nyaya Sanhita, 2023 Chapter XVIII · Of Offences Relating to Documents and to Property Marks
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Bharatiya Nyaya Sanhita, 2023 — Section 346

Tampering with Property Mark with Intent to Cause Injury

Section 346 punishes anyone who removes, destroys, defaces or adds to a property mark, intending or knowing it to be likely that he may thereby cause injury to any person. The punishment is imprisonment of up to one year, or fine, or both. The section is word-for-word the same as IPC Section 489.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 346 is categorised as Exact — it descends from one section of the old Indian Penal Code, 1860, under the same heading, and the wording is identical:

BNS sectionIPC, 1860 equivalentCategory
346S.489 “Tampering with property mark with intent to cause injury”Exact

A word-by-word comparison of BNS Section 346 with IPC Section 489 shows no difference: the offence (removing, destroying, defacing or adding to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person) and the punishment (imprisonment of either description for a term which may extend to one year, or fine, or both) are the same in both Acts. The marginal heading is also the same.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment (First Schedule wording): “Imprisonment for 1 year, or fine, or both.”
The statute’s own clause reads “imprisonment of either description for a term which may extend to one year, or with fine, or with both”; the Schedule’s “1 year” is read as a maximum term.
Non-cognizable · Bailable · not compoundable (the offence appears in neither compounding table of BNSS Section 359) · triable by any Magistrate.

Statutory Text (Verbatim)

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Section 346 is about interfering with a mark that is already there. It applies to a property mark, which Section 345(1) defines as a mark used for denoting that movable property belongs to a particular person. The section lists four alternative acts: removing the mark, destroying it, defacing it, or adding to it. Any one of them, done with the required state of mind, completes the offence. The section lists “adds to” as a fourth, separate act alongside removing, destroying and defacing.

The required state of mind is that the offender acts intending or knowing it to be likely that he may thereby cause injury to any person. “Injury” is defined in Section 2(14) as any harm whatever illegally caused to any person, in body, mind, reputation or property. Either intention or knowledge of likelihood is enough. The words describe what was in the offender's mind when he tampered with the mark; the section does not add a further requirement that injury must in fact have resulted. The section speaks of “any property mark” and does not say that the mark must be one used by someone other than the offender; what it requires is the intention or knowledge of likely injury to any person.

The section should be read alongside its neighbours. Section 345(3) punishes using a false property mark, and Section 347 punishes counterfeiting a property mark, both of which concern misleading marks; Section 346 instead concerns damaging or altering a mark that already denotes ownership. The punishment is imprisonment of either description (simple or rigorous) for a term which may extend to one year, or fine, or both; the section does not fix an amount of fine. Under the BNSS First Schedule the offence is non-cognizable and bailable and is triable by any Magistrate. Unlike Sections 345(3) and 347(1), it appears in neither compounding table of BNSS Section 359, so it is not compoundable under that section.

Illustration (Lexovia's Own Example)
Farah runs a scaffolding-hire business and paints a yellow band and her initials on each of her steel props, so that she can identify them among the many props on the building sites where they are hired out. Prakash, a rival hirer who works at the same sites, scrapes the paint off forty of the props and paints a small extra stripe across the ones he cannot scrape clean, meaning to make it hard for Farah to show which props are hers and knowing that this is likely to cause her loss. The yellow band and initials are a mark used for denoting that movable property belongs to a particular person, so they are a property mark under Section 345(1). Prakash has removed, defaced and added to it, intending or knowing it to be likely that he may thereby cause injury (harm to property) to Farah, so he is liable under Section 346.
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Related / Cross-Referenced Sections

FAQs

What is the punishment under BNS Section 346?

Imprisonment of either description (simple or rigorous) for a term which may extend to one year, or fine, or both. The section does not fix the amount of the fine.

Is Section 346 bailable, and which court tries it?

Under the First Schedule to the BNSS it is non-cognizable and bailable, and triable by any Magistrate. It is not compoundable: it appears in neither table of BNSS Section 359.

What counts as tampering with a property mark?

The section lists four acts: removing, destroying, defacing, or adding to any property mark. A property mark is a mark used for denoting that movable property belongs to a particular person (Section 345(1)).

Does the other person have to actually suffer injury?

The section is worded around the offender's state of mind: he must intend, or know it to be likely, that he may thereby cause injury to any person. It does not add a separate requirement that injury actually resulted.

Does it matter whose mark it is?

The section speaks of “any property mark” and does not say that it must be another person's mark. What it requires is the intention or knowledge that injury to any person is likely, with “injury” as defined in Section 2(14).

Has anything changed from IPC Section 489?

No. The wording, the punishment and the heading are identical.

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