Introduction of 346 BNS
BNS Section 346 addresses the act of tampering with property marks, such as removing, defacing, or altering them, with the intention or knowledge that such actions could cause injury to another person. This law ensures that property marks, which help identify ownership or authenticity, are protected from tampering that may result in harm.
The Bharatiya Nyaya Sanhita (BNS) Section 345 replaces the old Indian Penal Code (IPC) Section 489.
- Introduction of 346 BNS
- What is BNS Section 346 ?
- BNS 346 in Simple Points
- Section 346 BNS Overview
- 10 Key Points : BNS 346
- 1. Definition of Property Marks
- 2. Acts Covered Under BNS Section 2346
- 3. Intent to Cause Injury
- 4. Punishment Under BNS Section 2346
- 5. Classification of the Offense
- 6. Examples of BNS Section 2346 Application
- 7. Role of Knowledge in the Offense
- 8. Importance of Property Marks
- 9. Why BNS Section 2346 is Necessary
- 10. Jurisdiction and Trial Process
- Examples of BNS Section 346
- 10 Key Points : BNS 346
- BNS 346 Punishment
- BNS 346 bailable or not ?
- Bharatiya Nyaya Sanhita Section 346
- BNS Section 346 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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 in Simple Points
1. What is Tampering with Property Marks?
Tampering with property marks means intentionally removing, defacing, or altering marks that indicate ownership, authenticity, or identity. For example, a company seal on a product ensures that it is genuine. Removing or changing it can mislead people about its origin. This act becomes an offense under BNS Section 346 when it is done with the intention to harm or cause loss to someone.
2. Intent to Cause Injury
A key element of this offense is the intention or knowledge that tampering with the mark may harm another person. For instance, if someone removes a safety certification mark from a product, knowing it may mislead users and cause injury, they are liable under this section. Even if no harm is caused but the intention or likelihood of injury exists, the act is punishable.
3. Punishment for the Offense
The punishment under BNS Section 346 includes:
- Imprisonment for up to one year.
- A fine (amount determined by the court).
- Both imprisonment and fine, depending on the severity of the act. For example, if tampering with a mark results in significant financial or personal harm, stricter punishment may be imposed to ensure justice.
4. Legal Classification of the Offense
This offense is classified as:
- Non-Cognizable: Police need permission from a magistrate to investigate or arrest.
- Bailable: The accused has the right to apply for bail.
- Triable by Any Magistrate: Any magistrate can handle the trial, ensuring quicker resolution. This classification reflects the moderate severity of the offense but ensures legal accountability.
5. Why Protecting Property Marks is Important
Property marks are essential for identifying ownership, preventing fraud, and ensuring the safety of goods. For instance, tampering with marks on medical equipment can result in fake products being used, endangering lives. BNS Section 346 upholds the integrity of these marks, protecting individuals and businesses from fraud, injury, or financial losses caused by such tampering.
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
- 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. - 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
- 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. - 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.

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.
Bharatiya Nyaya Sanhita Section 346
BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
---|---|---|---|---|---|
346 | Tampering with property marks with intent to cause injury | Imprisonment up to 1 year, 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?
The punishment for tampering with property marks under BNS Section 346 includes imprisonment of up to one year, a fine, or both. The exact punishment depends on the severity of the offense and the intent behind the act.
Is BNS Section 346 a bailable offense?
Yes, BNS Section 346 is a bailable offense. This means the accused has the right to obtain bail, and the court usually grants it unless there are extraordinary circumstances warranting denial.
Is BNS Section 346 cognizable or non-cognizable?
BNS Section 346 is a non-cognizable offense, meaning the police cannot arrest the accused or start an investigation without prior approval from a magistrate.
What kind of property is covered under BNS Section 346?
BNS Section 346 applies to all types of property that have identifiable marks, such as seals, labels, or stamps, which are meant to indicate ownership, authenticity, or legal identification. Tampering with any of these marks falls under this section.
Who tries cases under BNS Section 346?
Cases under BNS Section 346 are tried by any magistrate. This means the trial can be conducted by judicial officers with the authority to handle such non-cognizable and bailable offenses.
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