347. (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.
BNS Section 347: Counterfeiting a property mark
Section 347 of the Bharatiya Nyaya Sanhita, 2023 deals with counterfeiting a property mark. It replaces IPC 483, IPC 484 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 347(1) is non-cognizable and bailable; 347(2) is non-cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 347(1) | Counterfeiting a property mark used by another, with intent to cause damage or injury. | Imprisonment for 2 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
| 347(2) | Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property. | Imprisonment for 3 years and fine. | Non-cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 347
IPC sections replaced
- IPC 483: Counterfeiting a property mark used by another
- IPC 484: Counterfeiting a mark used by a public servant
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