Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter XVIII · Of Offences Relating to Documents and to Property Marks
← Previous Section 347 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 347

Counterfeiting a Property Mark

Section 347 punishes counterfeiting a property mark. Sub-section (1) covers counterfeiting a property mark used by any other person (imprisonment of up to two years, or fine, or both). Sub-section (2) covers counterfeiting a property mark used by a public servant, or a mark a public servant uses to denote manufacture, quality, passage through an office or exemption, or knowingly using such a counterfeit mark as genuine (imprisonment of up to three years, and the offender is also liable to fine). The two sub-sections repeat IPC Sections 483 and 484 word for word.

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 347 is not marked “Change” in the concordance, but the section as a whole consolidates two separate provisions of the old Indian Penal Code, 1860 (Sections 483 and 484), which now appear as its two sub-sections. Each sub-section maps one-to-one to a single IPC section and repeats its wording, so each is classed Exact:

BNS sectionIPC, 1860 equivalentCategory
347(1)S.483 “Counterfeiting a property mark used by another”Exact
347(2)S.484 “Counterfeiting a mark used by a public servant”Exact

A word-by-word comparison of each BNS sub-section with its IPC counterpart shows no difference in wording: 347(1) with IPC Section 483 (imprisonment of either description for a term which may extend to two years, or fine, or both) and 347(2) with IPC Section 484 (imprisonment of either description for a term which may extend to three years, and also liable to fine). The comparison is made with the IPC provisions as amended: the IPC text shows that words about trade marks were omitted from IPC Section 483 in 1959, and after that omission it reads the same as BNS 347(1). The concordance pairs the section heading with IPC Section 483 and places sub-section (2) against IPC Section 484.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS. Each sub-section has its own line.

347(1) — Counterfeiting a property mark used by another. Punishment (First Schedule wording): “Imprisonment for 2 years, or fine, or both.” The statute’s own clause reads “imprisonment of either description for a term which may extend to two years, or with fine, or with both”; the Schedule’s “2 years” is read as a maximum term. Non-cognizable · Bailable · compoundable by the person to whom loss or injury is caused by such use, without the permission of the Court (BNSS Section 359(1)) · triable by any Magistrate.
347(2) — Counterfeiting a property mark used by a public servant, or a mark used by a public servant to denote manufacture, quality, etc., or using such a mark as genuine. Punishment (First Schedule wording): “Imprisonment for 3 years and fine.” The statute’s own clause reads “imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”; the Schedule’s “3 years” is read as a maximum term, and its “and fine” corresponds to the statute’s “also liable to fine”. Non-cognizable · Bailable · not compoundable (the offence appears in neither compounding table of BNSS Section 359) · triable by a Magistrate of the first class.

Statutory Text (Verbatim)

(1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

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)

(1) Counterfeiting a property mark used by another person

Explanation (Lexovia's Commentary)

Sub-section (1) punishes a person who counterfeits any property mark used by any other person. A property mark is a mark used for denoting that movable property belongs to a particular person (Section 345(1)). To counterfeit has its own definition in Section 2(4): a person counterfeits who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. Two Explanations to that definition matter here. Explanation 1 says it is not essential to counterfeiting that the imitation should be exact. Explanation 2 says that when a person causes one thing to resemble another, and the resemblance is such that a person might be deceived by it, it shall be presumed, until the contrary is proved, that he intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

The mark counterfeited must be one used by “any other person”, that is, someone other than the counterfeiter. The sub-section's wording is about the act of counterfeiting; it does not add words requiring that the counterfeit mark was then put on goods or that anyone was in fact deceived. Related acts are dealt with in other sections: making or possessing an instrument for counterfeiting a property mark is in Section 348, and selling goods marked with a counterfeit property mark is in Section 349. The punishment is imprisonment of either description (simple or rigorous) for a term which may extend to two years, or fine, or both. Under the BNSS First Schedule the offence is non-cognizable and bailable and is triable by any Magistrate, and BNSS Section 359(1) lists it among the offences that may be compounded without the Court's permission, by the person to whom loss or injury is caused by such use.

Illustration (Lexovia's Own Example)
Sunita sells hand-knotted rugs. She rolls each rug in a cloth wrapper on which she paints a three-petal blue flower, to show that the rug belongs to her business. Tariq, a competitor, paints a flower closely resembling Sunita's, though not exactly the same, on the wrappers of his own rugs, intending that buyers should take his rugs to be Sunita's. Tariq has caused one thing to resemble another, intending by that resemblance to practise deception, and under Explanation 1 to Section 2(4) the imitation need not be exact. Sunita's flower is a property mark used by a person other than Tariq, so Tariq has counterfeited a property mark used by any other person and is liable under sub-section (1).

(2) Counterfeiting a property mark used by a public servant, or a public servant's mark

Explanation (Lexovia's Commentary)

Sub-section (2) is the more serious tier, and it has three alternative limbs. The first is counterfeiting any property mark used by a public servant. The second is counterfeiting any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption; a mark of this kind is described by what it denotes (manufacture, quality, passage through an office or exemption), not by ownership. The third is using as genuine any such mark, knowing the same to be counterfeit, so a person who did not make the counterfeit can still be caught if he knowingly uses it as genuine. “Public servant” is defined in Section 2(28); among the descriptions listed there, clause (k)(i) covers every person in the service or pay of the Government.

Sub-section (2) differs from sub-section (1) in its punishment as well as in the marks it protects. Sub-section (1) allows imprisonment of either description for up to two years, or fine, or both. Sub-section (2) allows imprisonment of either description for up to three years, and the offender is also liable to fine, so fine is added to imprisonment rather than offered as an alternative to it. Under the BNSS First Schedule the offence at sub-section (2) is non-cognizable and bailable and is triable by a Magistrate of the first class; it does not appear in either compounding table of BNSS Section 359, so, unlike sub-section (1), it is not compoundable under that section. The definition of “counterfeit” in Section 2(4), with its two Explanations, applies here in the same way as in sub-section (1). A property mark used by a public servant is also, in the words of sub-section (1), a property mark used by “any other person”; as worded, the two sub-sections appear to overlap on that point, and sub-section (2) carries the higher punishment.

Illustration (Lexovia's Own Example)
An inspector in the service of a State Government stamps a round “CHECKED” seal, kept at his inspection office, on every sack of packed flour that he has inspected, to show that the sack has passed through that office. Ravi packs flour that has never been inspected and copies the seal by hand, in ink, onto his sacks, so that buyers will take the sacks to have passed through the office. The seal is a mark used by a public servant (a person in the service or pay of the Government, Section 2(28)(k)(i)) to denote that property has passed through a particular office, and Ravi has counterfeited it, so he is liable under the second limb of sub-section (2). If a shopkeeper who did not make the copy later displayed the sacks as inspected, knowing the seal to be counterfeit, the third limb (using it as genuine, knowing it to be counterfeit) would be the limb to consider for him.
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

What is the punishment under BNS Section 347?

Under sub-section (1), imprisonment of either description (simple or rigorous) for a term which may extend to two years, or fine, or both. Under sub-section (2), imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine. The section does not fix the amount of the fine.

Is Section 347 bailable, and which court tries it?

Under the First Schedule to the BNSS both sub-sections are non-cognizable and bailable. Sub-section (1) is triable by any Magistrate and sub-section (2) by a Magistrate of the first class.

Can the offence be compounded?

Sub-section (1) can be compounded, without the permission of the Court, by the person to whom loss or injury is caused by such use (BNSS Section 359(1)). Sub-section (2) appears in neither compounding table of BNSS Section 359 and is not compoundable.

What does “counterfeit” mean here?

Section 2(4) says a person counterfeits who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. It is not essential that the imitation should be exact.

What is the difference between sub-sections (1) and (2)?

Sub-section (1) protects a property mark used by any other person. Sub-section (2) protects a property mark used by a public servant and also marks a public servant uses to show manufacture, quality, passage through an office or exemption, and it covers knowingly using such a counterfeit mark as genuine. The punishment under sub-section (2) is higher.

Has anything changed from the IPC?

No. Sub-sections (1) and (2) are word-for-word the same as IPC Sections 483 and 484 respectively, comparing with those sections as amended.

← Previous Section 347 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.