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Introduction of 345 BNS

345 BNS focuses on the proper usage of property marks, which are used to denote ownership of movable property. It criminalizes the use of false property marks to mislead others about the ownership of goods or property. The section seeks to protect individuals and businesses from fraud and maintain trust in trade practices. It prescribes punishment for any person who acts with the intent to deceive or injure by using such false marks.


The Bharatiya Nyaya Sanhita (BNS) Section 345 replaces the old Indian Penal Code (IPC) Section 479,481,482.



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.


345 BNS :Penalizes the use of false property marks to deceive or mislead about ownership
345 BNS : Ensuring trust in trade by preventing false property marks.

BNS 345 in Simple Points

1. Definition of Property Mark

A property mark is a sign, symbol, or identifier used to denote that movable property belongs to a specific person or entity. These marks are critical in ensuring ownership clarity, especially in industries involving goods production, packaging, and trade. The primary purpose is to distinguish the property of one owner from another, thereby reducing disputes and enhancing traceability. Property marks are widely used in logistics, branding, and inventory management to ensure accountability and protect intellectual property rights.

2. Understanding False Property Marks

A false property mark occurs when someone deliberately places a mark on goods or property to mislead others into believing they belong to a person or organization other than the rightful owner. This action can involve counterfeit branding, fake logos, or unauthorized use of trademarks. The intent behind using a false property mark is often to deceive consumers, competitors, or authorities for personal or financial gain. Such actions undermine trust in the market, harm genuine businesses, and can result in significant legal and financial consequences for the offender.

3. Punishment for Using False Property Marks

Under BNS Section 345, anyone found guilty of using a false property mark can face imprisonment of up to one year, a fine, or both. The punishment aims to deter fraudulent practices and protect rightful ownership. Courts determine the penalty based on factors such as the severity of the offense, the extent of deception, and the harm caused to the rightful owner or the public. For minor or first-time offenses, fines might suffice, whereas repeated or large-scale frauds may attract stricter penalties, including imprisonment.

4. Intent and Burden of Proof

A crucial aspect of this section is the requirement to prove the intent to deceive or defraud. Without evidence of fraudulent intent, the accused cannot be held guilty under the law. For instance, if a person unknowingly uses a similar mark, they can avoid liability by demonstrating a lack of malice or intent to mislead. The prosecution must establish that the accused acted with the objective of benefiting unlawfully or causing harm to others. This ensures fairness in legal proceedings, penalizing only deliberate acts of deception.

The offense is classified as non-cognizable, bailable, and compoundable under this section. Being non-cognizable, the police cannot arrest or investigate the accused without prior approval from a magistrate, reflecting the non-violent nature of the crime. The bailable status allows the accused to secure bail as a matter of right, ensuring that minor infractions do not lead to undue incarceration. Additionally, as a compoundable offense, disputes can be resolved amicably between parties with the magistrate’s approval, fostering an environment where commercial disputes can be settled without prolonged litigation.


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

  1. 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.
  2. 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 punishment includes up to 1-year imprisonment, a fine, or both for using false property marks.
BNS 345 punishment: Up to 1 year imprisonment, a fine, or both.

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.


Bharatiya Nyaya Sanhita Section 345

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
345Misusing a false property mark to deceive or defraudImprisonment up to 1 year, or fine, or bothBailableNon-CognizableAny Magistrate

BNS Section 345 FAQs

1. What is BNS Section 345?

2. What is the definition of a property mark under BNS Section 345?

3. What punishment is prescribed under BNS Section 345?

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?

6. Who conducts the trial under BNS Section 345?


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