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Introduction of 346 BNS

346 BNS of the Bharatiya Nyaya Sanhita deals with the offense of tampering with property marks such as removing, altering, defacing, or adding to them with the intent or knowledge that such acts may cause injury to another person. Property marks are vital to signify ownership and authenticity of movable property, and tampering with them can lead to fraud, financial loss, or even safety risks. This law ensures accountability by punishing those who engage in dishonest practices involving property marks.


The Bharatiya Nyaya Sanhita (BNS) Section 346 replaces the old Indian Penal Code (IPC) Section 489.



What is BNS Section 346 ?

BNS Section 346 deals with tampering with property marks with the intent to cause injury. It applies to acts where a person removes, destroys, defaces, or adds to a property mark, knowing or intending that their action might cause harm to another individual.


BNS 346 addresses tampering with property marks to prevent harm or injury to others.
BNS 346 ensures protection against tampering with property marks.

Under Section 346 of the bns act 2023

Whoever tampers with any property mark—by removing, defacing, altering, or adding to it—intending or knowing it is likely to cause injury to another person, shall be punished with imprisonment up to one year, or with fine, or with both.

1. Meaning of Tampering with Property Marks

  • Property mark → A sign, seal, stamp, or label used to identify ownership or authenticity of movable property.
  • Tampering → Any act of removing, altering, defacing, or adding to the property mark.
  • Example → Scratching off a company’s seal from machinery or replacing the genuine logo on goods with a fake one.

2. Essential Ingredient – Intention to Cause Injury

  • The act must be done intentionally or with knowledge that it may cause injury.
  • Injury here includes:
    • Financial loss
    • Damage to reputation
    • Misleading consumers
    • Risk to health or safety
  • Example → Removing a safety certification mark from a medical device to mislead buyers.

3. Punishment under BNS Section 346

  • Imprisonment → Up to 1 year
  • Fine → Amount decided by the Court
  • Both → Court may impose imprisonment and fine together in serious cases

This ensures proportionate punishment depending on the impact of tampering.

4. Nature of the Offense

  • Bailable → Accused can obtain bail as a matter of right.
  • Non-Cognizable → Police cannot arrest or investigate without magistrate’s permission.
  • Non-Compoundable → Cannot be privately settled between parties.
  • Trial by → Any Magistrate.

5. Examples of BNS Section 346 in Action

  • Example 1 – Business Fraud:
    A trader removes the property mark of a competitor’s goods and replaces it with his own to sell them. → Punishable under Section 346.
  • Example 2 – Safety Risk:
    An employee erases the quality assurance seal from electrical equipment, knowing it may lead to accidents. → Offense under Section 346.
  • Example 3 – Innocent Case (Not Offense):
    A warehouse worker accidentally damages a property label without intention to cause harm. → Not punishable under this section.

6. Importance of Section 346

  • Protects ownership rights and prevents fraudulent misrepresentation.
  • Ensures public safety, especially in industries like food, medicine, and machinery.
  • Maintains trust in property marks as reliable identifiers of authenticity.

Section 346 BNS Overview

Under BNS Section 346, “tampering with property marks” refers to any act where a person intentionally modifies or damages property markings to mislead, deceive, or harm others. This includes actions like removal, destruction, or alteration of marks on property such as labels, seals, or stamps, knowing that such an act could result in injury to someone.

10 Key Points : BNS 346

1. Definition of Property Marks

Property marks are symbols, signs, or stamps used to indicate ownership, authenticity, or identity of an object or property. For example, a company seal on a product ensures it is genuine. Tampering with these marks disrupts trust and may harm individuals or businesses that rely on these indicators for safety or legal identification.

2. Acts Covered Under BNS Section 346

This section applies to acts such as removing, destroying, defacing, or adding to property marks. For example:

  • Removing a seal on a product to replace it with a counterfeit one.
  • Defacing an official logo to make it unrecognizable.
  • Adding false markings to deceive others about the ownership of property.

3. Intent to Cause Injury

A critical aspect of BNS Section 346 is the intention behind the tampering. The offender must intend or know that their actions could harm someone. For example:

  • A person removes a security label from a medicine box, knowing it could mislead the consumer, causing health risks.

4. Punishment Under BNS Section 346

The law prescribes the following punishments:

  • Imprisonment for up to one year.
  • Fine (amount decided by the court based on circumstances).
  • Both imprisonment and fine in severe cases. For instance, if tampering leads to significant financial or physical harm, the offender may receive a harsher penalty.

5. Classification of the Offense

The offense is classified as:

  • Non-Cognizable: The police cannot arrest or investigate the accused without prior permission from a magistrate.
  • Bailable: The accused has the right to apply for bail.
  • Non-Compoundable: The case cannot be settled privately between the parties and must go through the court.

6. Examples of BNS Section 346 Application

  • Example 1: A person defaces a property mark on an antique sculpture and sells it as a different brand. This misleads buyers and causes financial injury.
  • Example 2: An employee removes a safety certification mark from a machine, making it appear uncertified and damaging the company’s reputation.

7. Role of Knowledge in the Offense

Even if there was no direct intent to harm, the offender is still liable if they knew their actions were likely to cause injury. For example:

  • Removing a safety label from electrical equipment, knowing it might lead to misuse and harm.

8. Importance of Property Marks

Property marks are vital for:

  • Establishing ownership of items.
  • Ensuring authenticity of goods and services.
  • Preventing fraud in legal or business transactions. Tampering disrupts this trust and creates legal or financial harm.

9. Why BNS Section 346 is Necessary

Without this law:

  • Businesses could face massive losses due to counterfeit goods.
  • Individuals could be misled into buying fake or unsafe products.
  • Trust in property marks would diminish, harming the economy and public safety.

10. Jurisdiction and Trial Process

  • The case is triable by any magistrate.
  • Magistrates can impose the specified punishments and decide fines based on the severity of the tampering. This accessibility ensures quick legal recourse for victims.

Examples of BNS Section 346

  1. Example 1:
    A person removes the manufacturer’s label from a product and replaces it with a counterfeit label to mislead buyers. This act is punishable under BNS Section 346 because it defaces the property mark with the intent to deceive.
  2. Example 2:
    An individual scratches off a seal from machinery owned by a company to claim it as their own. This removal of the property mark, knowing it could harm the original owner, makes the act a punishable offense.

BNS 346 Punishment

  1. Imprisonment:
    The offender can be sentenced to imprisonment of up to one year. This punishment depends on the severity of the act and the intent behind it. For example, if someone tampers with property marks leading to financial or physical harm, the punishment might lean towards imprisonment to ensure accountability.
  2. Fine:
    The offender may also be asked to pay a fine, the amount of which is determined by the court based on the circumstances. In some cases, the court may impose both imprisonment and a fine, ensuring fair punishment for the damage caused.

346 BNS Punishment includes up to 1 year imprisonment, a fine, or both.
Punishment under BNS 346: Up to 1 year imprisonment, fine, or both.

BNS 346 bailable or not ?

BNS Section 346 is a bailable offense. This means the accused can seek bail as a matter of right. The police cannot deny bail, and the court typically grants it unless there are exceptional circumstances.


Comparison: BNS Section 346 vs IPC Section 489

Comparison: BNS Section 346 vs IPC Section 489
Section Offense Punishment Bailable / Non-Bailable Cognizable / Non-Cognizable Trial By
BNS Section 346 Tampering with any property mark by removing, defacing, altering, or adding to it, intending or knowing it is likely to cause injury to another person. Imprisonment up to 1 year, or fine, or both. Bailable Non-cognizable Any Magistrate
IPC Section 489 (Old) Tampering with property marks with intent to cause injury — removing, altering, defacing, or adding to property marks of another person’s goods or property. Imprisonment up to 1 year, or fine, or both. Bailable Non-cognizable Any Magistrate

BNS Section 346 FAQs

What is the offense under BNS Section 346?

The offense under BNS Section 346 involves removing, destroying, defacing, or altering a property mark with the intention or knowledge that such actions may cause harm or injury to another person. It specifically targets acts that aim to mislead or damage the interests of the rightful owner.

What is the punishment under BNS Section 346?

Is BNS Section 346 a bailable offense?

Is BNS Section 346 cognizable or non-cognizable?

What kind of property is covered under BNS Section 346?

Who tries cases under BNS Section 346?


The introduction of BNS Section 346 strengthens India’s legal framework for protecting ownership and authenticity of movable property. By penalizing tampering with property marks, the law prevents fraud, ensures fair trade, and safeguards consumers from potential harm. While BNS Section 345 punishes using false property marks, BNS Section 346 specifically targets tampering with genuine marks. Together, these provisions maintain trust in commercial practices and protect both businesses and individuals from deception.


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Finished with BNS 346 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

Chapter XIX – Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc.

Full IPC Section List: https://marriagesolution.in/ipc-section-list

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Full BNSS Section List: https://marriagesolution.in/bnss_section-list


BNS Chapter Index

ChapterTitleSections
Chapter IPreliminaryBNS 1 – 3
Chapter IIPunishmentsBNS 4 – 13
Chapter IIIGeneral ExceptionsBNS 14 – 44
Chapter IVAbetment, Criminal Conspiracy And AttemptBNS 45 – 62
Chapter VOffences Against Women And ChildrenBNS 63 – 99
Chapter VIOffences Affecting The Human BodyBNS 100 – 146
Chapter VIIOffences Against The StateBNS 147 – 158
Chapter VIIIOffences Relating To The Army, Navy And Air ForceBNS 159 – 168
Chapter IXOffences Relating To ElectionsBNS 169 – 177
Chapter XOffences Relating To Coin, Currency Notes, Bank Notes, And Government StampsBNS 178 – 188
Chapter XIOffences Against The Public TranquilityBNS 189 – 197
Chapter XIIOffences Against The Public TranquilityBNS 198 – 205
Chapter XIIIContempts Of The Lawful Authority Of Public ServantsBNS 206 – 226
Chapter XIVFalse Evidence And Offences Against Public JusticeBNS 227 – 269
Chapter XVOffences Affecting The Public Health, Safety, Convenience, Decency And MoralsBNS 270 – 297
Chapter XVIOffences Relating To ReligionBNS 298 – 302
Chapter XVIIOffences Against PropertyBNS 303 – 334
Chapter XVIIIOffences Relating To Documents And To Property MarksBNS 335 – 350
Chapter XIXCriminal Intimidation, Insult, Annoyance, Defamation, Etc.BNS 351 – 357
Chapter XXRepeal And SavingsBNS 358

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