Introduction of 345 BNS
345 BNS deals with the use and misuse of property marks. A property mark is any symbol, sign, or identifier placed on movable goods to denote ownership. This law penalizes the false use of property marks to deceive or misrepresent ownership, which often happens in trade, packaging, or branding disputes. Replacing IPC Sections 479, 481, and 482, BNS 345 ensures that businesses and individuals are protected from fraud, counterfeiting, and market deception. By enforcing penalties of up to one year of imprisonment, a fine, or both, it safeguards trust in trade and prevents dishonest practices.
The Bharatiya Nyaya Sanhita (BNS) Section 345 replaces the old Indian Penal Code (IPC) Section 479,481,482.
- Introduction of 345 BNS
- What is BNS Section 345 ?
- Under Section 345 of the bns act 2023
- Section 345 BNS Overview
- 1. Definition of Property Mark
- 2. Concept of False Property Mark
- 3. Intent to Deceive or Defraud
- 4. Punishment for False Property Mark
- 5. Non-Cognizable Offense
- 6. Bailable Offense
- 7. Compoundable Offense
- 8. Applicability to Movable Property
- 9. Responsibility of Proof
- 10. Triable by Any Magistrate
- Examples of BNS Section 345
- BNS 345 Punishment
- BNS 345 bailable or not ?
- Comparison: BNS Section 345 vs IPC Sections 479, 481 & 482 (Old)
- Conclusion
- Need Legal Support?
What is BNS Section 345 ?
BNS Section 345 deals with the concept of property marks and their misuse. It establishes the legal framework for marking movable property to signify ownership and penalizes the use of false property marks to deceive or defraud others. This section aims to safeguard rightful ownership, prevent counterfeiting, and maintain trust in the market.
Under Section 345 of the bns act 2023
“Whoever uses a false property mark with intent to deceive or defraud shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.”
1. Meaning of Property Mark
A property mark is any sign, symbol, or identifier placed on movable property to denote ownership.
- It distinguishes one person’s goods from another’s.
- Common in trade, packaging, shipping, and branding.
- Example → A company stamping its logo on cartons to show ownership.
2. What is a False Property Mark?
A false property mark means using someone else’s mark or a fake mark to mislead others about ownership.
- Example → Using a famous brand’s logo on duplicate products to make them look genuine.
- Example → A transporter marking goods with another company’s seal to shift responsibility.
3. Essential Ingredients of the Offense
To attract punishment under Section 345, three things must be proven:
- The accused used a false property mark.
- The act was done with intent to deceive or defraud.
- The property must be movable property (goods, packages, etc.—not land or buildings).
4. Punishment under BNS Section 345
- Imprisonment → Up to 1 year
- Fine → As decided by the Court
- Both → Court may impose both depending on the seriousness of fraud
The punishment is designed to deter dishonesty in trade and protect genuine ownership rights.
5. Nature of the Offense
- Bailable → The accused can get bail as a matter of right.
- Non-Cognizable → Police cannot investigate or arrest without magistrate’s approval.
- Compoundable → The matter can be settled between parties with court permission.
- Trial By → Any Magistrate.
6. Examples of BNS Section 345
- Example 1 – Fake Branding:
A trader prints a famous company’s logo on cheap goods to sell them as genuine. This is punishable under Section 345. - Example 2 – Misleading Ownership:
A courier company marks parcels with another firm’s symbol to avoid liability for damages. This is also punishable. - Example 3 – Innocent Act (Not Punishable):
A shopkeeper unknowingly buys and sells goods with a false property mark but has no intent to cheat. → Not guilty under Section 345.
7. Importance of Section 345
- Protects consumers from fraud.
- Safeguards businesses and brands from fake competition.
- Ensures fair trade practices.
- Maintains trust in ownership and property rights.
Section 345 BNS Overview
1. Definition of Property Mark
A property mark refers to any symbol, sign, or indication used to establish ownership of movable property. It helps identify who a particular good or item belongs to, ensuring clarity in trade, storage, or transit. Property marks are particularly useful in commercial transactions where goods need to be distinguishable to avoid disputes or fraud.
2. Concept of False Property Mark
A false property mark is one that is deliberately used to mislead others about the ownership of goods or property. This involves affixing marks to goods or their containers to create a false impression of ownership. For example, marking goods with a famous brand’s logo without authorization to deceive buyers qualifies as using a false property mark.
3. Intent to Deceive or Defraud
The law emphasizes that the use of a false property mark must involve the intent to deceive or defraud. Without intent, an accused cannot be held guilty under this section. For instance, accidental use of a similar mark without knowledge or malice would not amount to an offense. The burden of proof for intent lies with the prosecution.
4. Punishment for False Property Mark
The punishment for using a false property mark is imprisonment of up to one year, a fine, or both. This penalty aims to deter fraudulent practices while providing flexibility for lesser infractions to be treated leniently. The severity of the punishment often depends on the extent of harm caused and the intent of the offender.
5. Non-Cognizable Offense
Offenses under Section 345 are classified as non-cognizable, meaning the police cannot arrest the accused or begin an investigation without the prior approval of a magistrate. This classification reflects the nature of the crime, which often involves disputes in business or ownership rather than immediate threats to public safety.
6. Bailable Offense
The offense under this section is bailable, allowing the accused to secure bail as a matter of right. This ensures that minor disputes over property marks do not lead to unnecessary detention. It also enables both parties to present their cases adequately in court without undue hardships.
7. Compoundable Offense
The offense is compoundable, meaning it can be resolved amicably between the parties with the approval of a magistrate. This provision is beneficial for settling commercial disputes where parties may prefer resolution over prolonged litigation. For example, a retailer and a supplier may resolve a conflict over property marks without further legal proceedings.
8. Applicability to Movable Property
BNS Section 345 applies exclusively to movable property, including goods, packages, and containers. Immovable properties such as land or buildings are excluded from its scope. This focus on movable items ensures better regulation in commerce, where such disputes are more likely to arise.
9. Responsibility of Proof
The accused can escape liability by proving they acted without intent to deceive. For example, if someone unknowingly uses a similar mark, they can demonstrate the lack of fraudulent intent to avoid punishment. This safeguard ensures that only deliberate acts of deception are penalized under the law.
10. Triable by Any Magistrate
Cases under Section 345 are triable by any magistrate, making it accessible for resolution at various judicial levels. This flexibility allows for faster handling of disputes, especially in commercial areas where timely intervention is crucial to minimize losses or damage.
Examples of BNS Section 345
- Example 1: Fraudulent Trade Marking
A trader marks their goods with a well-known competitor’s logo to increase sales, causing customers to believe they are buying the competitor’s product. This act constitutes the use of a false property mark under BNS Section 345. - Example 2: Misrepresentation of Ownership
A logistics company deliberately places another company’s property mark on its packages to avoid responsibility for damages. This misrepresentation violates the provisions of Section 345.
BNS 345 Punishment
- Imprisonment: Up to 1 year
- Fine: As determined by the court
- Both: Imprisonment and fine can be imposed together based on the severity of the offense.
BNS 345 bailable or not ?
This means the accused has the legal right to secure bail from the court or police station without requiring a magistrate’s discretion. This classification reflects that the crime does not involve violence or severe harm.
Comparison: BNS Section 345 vs IPC Sections 479, 481 & 482 (Old)
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 345 | Use or application of a false property mark on movable property with intent to deceive or defraud. | Imprisonment up to 1 year, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 479 (Old) | (Old provision related to property marks and false marking on movable property.) | Imprisonment up to 1 year, or fine, or both (as per old IPC). | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 481 (Old) | (Old provision covering related offences involving marks, stamping or misrepresentation of ownership of goods.) | Imprisonment up to 1 year, or fine, or both (as per old IPC). | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 482 (Old) | (Old provision related to false marking or stamping offences; grouped with 479 & 481 historically.) | Imprisonment up to 1 year, or fine, or both (as per old IPC). | Bailable | Non-Cognizable | Any Magistrate |
BNS Section 345 FAQs
1. What is BNS Section 345?
BNS Section 345 pertains to the misuse of property marks on movable property. A property mark is a mark used to signify that certain movable goods or property belong to a specific individual or entity. Under this section, using a false property mark—a mark calculated to mislead others into believing the property belongs to someone else—is an offense punishable by law.
2. What is the definition of a property mark under BNS Section 345?
A property mark is any mark placed on movable property, goods, or their containers to denote ownership by a specific person. Misusing this mark to create the false impression that the property belongs to another party constitutes the use of a false property mark, which is punishable under this section.
3. What punishment is prescribed under BNS Section 345?
The punishment for using a false property mark is imprisonment of up to one year, or a fine, or both. The severity depends on the intent and the consequences of the act, especially if it causes harm or financial loss to another person.
4. Is BNS Section 345 bailable or non-bailable?
Offenses under BNS Section 345 are categorized as bailable. This means that an accused person has the right to apply for bail, and it can be granted by the arresting authority or the court.
5. Is the offense under BNS Section 345 cognizable or non-cognizable?
The offense is considered non-cognizable, meaning the police cannot arrest the accused or begin an investigation without prior approval from a magistrate.
6. Who conducts the trial under BNS Section 345?
Offenses under BNS Section 345 are triable by any magistrate. This provides flexibility in handling the cases, ensuring they are addressed appropriately depending on the scale and impact of the offense.
Conclusion
BNS Section 345 is a key safeguard against fraudulent misrepresentation of ownership through false property marks. By making such acts punishable, the law ensures accountability in trade, commerce, and logistics while protecting genuine businesses from unfair practices. The section is classified as bailable, non-cognizable, and compoundable, reflecting its balanced approach—deterring fraud while allowing resolution of disputes through legal or amicable means. In today’s trade-driven economy, Section 345 strengthens confidence in ownership rights and upholds fairness in commercial practices.
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