347 BNS

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Introduction of 347 BNS

347 BNS deals with the offense of counterfeiting property marks, which are symbols or seals used to denote ownership, authenticity, or quality of a product or service. The section provides separate provisions for counterfeiting marks used by private individuals and public servants. Its aim is to prevent forgery, protect intellectual property, and maintain trust in public and private institutions.

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The Bharatiya Nyaya Sanhita (BNS) Section 347 replaces the old Indian Penal Code (IPC) Section 484.

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What is BNS Section 347 ?

BNS Section 347 addresses counterfeiting of property marks, which includes acts of creating fake property marks either for personal gain or with intent to deceive. It distinguishes between counterfeiting marks used by private individuals and those used by public servants, prescribing separate punishments for each offense.

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BNS 347 in Simple Points

1. Counterfeiting Property Marks by Private Individuals
   • A property mark identifies ownership or authenticity. Counterfeiting such a mark to harm another is punishable under Subsection (1) with imprisonment up to 2 years, or a fine, or both.
   • Example: A person imitates a well-known brand’s logo to sell fake goods.
2. Counterfeiting Public Servant Property Marks
   • Counterfeiting marks used by public servants, such as official seals or quality certifications, is a graver offense. Subsection (2) prescribes up to 3 years of imprisonment and a fine.
   • Example: A counterfeit mark is used to show that goods have been inspected by a government authority when they haven’t.
3. Cognizability and Bail
   • Both offenses are non-cognizable, meaning police cannot investigate without a magistrate’s approval. They are also bailable, so the accused can seek bail as a matter of right.
4. Intent to Deceive
   • The offense requires intent or knowledge that the counterfeit mark could harm others or deceive the public. Without intent, the act might not qualify as an offense under this section.
5. Trial Jurisdiction
   • For Subsection (1) offenses, any magistrate can preside over the trial.
   • For Subsection (2), which involves public servants’ property marks, only a First-Class Magistrate has jurisdiction.

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Section 347 BNS Overview

BNS Section 347: Counterfeiting a Property Mark

BNS Section 347 addresses offenses related to counterfeiting property marks used by individuals or public servants. It provides separate punishments depending on the nature and severity of the offense, emphasizing the protection of authenticity in both private and public contexts. Below are 10 detailed key points, each explained in simple English:

1. Subsection (1): Counterfeiting a property mark used by another person, with the intention to cause damage or injury.
2. Subsection (2): Counterfeiting a property mark used by a public servant or using a counterfeit public mark knowingly as genuine.

BNS 347 : 10 Key Points

1. Definition of Counterfeiting a Property Mark

Counterfeiting means creating a fake version of a property mark used by someone else, intending to deceive or cause harm.

• Property marks are symbols, logos, or seals used to identify ownership or ensure authenticity.
• For example, forging a brand logo to sell duplicate products.

2. Two Types of Offenses Under BNS Section 347

• Private Property Marks: Counterfeiting marks used by individuals or businesses is covered under Subsection (1).
• Public Property Marks: Counterfeiting marks used by public servants, like official government seals, is dealt with in Subsection (2).
• The punishment differs based on the severity of harm caused.

3. Punishment for Counterfeiting Private Property Marks

• If someone counterfeits a private property mark, they can face up to 2 years imprisonment, a fine, or both.
• For example, copying a trademarked logo to sell counterfeit goods.

4. Punishment for Counterfeiting Public Property Marks

• Counterfeiting marks used by public servants, such as quality certifications or inspection stamps, is a more serious offense.
• The punishment is up to 3 years imprisonment and a fine.
• This stricter punishment reflects the potential harm to public trust.

5. Importance of Intent in Counterfeiting

• The offense requires the intent to deceive or harm or knowledge that the counterfeit mark might cause injury.
• For example, knowingly using a fake government seal to mislead customers qualifies as an offense.
• Without intent, the act may not fall under this section.

6. Non-Cognizable Nature of the Offense

• Both Subsection (1) and (2) are non-cognizable, meaning the police need prior approval from a magistrate to investigate the matter.
• This ensures judicial oversight in such cases.

7. Bailable Offense

• Both types of counterfeiting offenses are bailable, meaning the accused has the right to seek bail.
• This ensures that the accused can defend themselves without prolonged detention during the trial.

8. Trial Jurisdiction

• Subsection (1): Offenses related to private property marks can be tried by any magistrate.
• Subsection (2): Offenses involving public property marks require a First-Class Magistrate for trial.
• This classification ensures appropriate judicial scrutiny based on the gravity of the offense.

9. Protection of Public Trust

Counterfeiting public property marks harms trust in government systems and institutions.

• For example, forging an official quality mark on food products can endanger public health and trust.
• The harsher punishment under Subsection (2) is meant to deter such actions.

10. Broader Implications of Counterfeiting

• Counterfeiting undermines fair business practices and creates an unfair advantage for counterfeiters.
• It also misleads consumers and can cause financial or physical harm.
• For instance, fake pharmaceutical labels can lead to severe health risks for consumers.

Examples

1. Example 1:
   A counterfeit seal is placed on a product, claiming it is ISO-certified, to deceive buyers. This would fall under Subsection (2) and could result in imprisonment for up to 3 years.
2. Example 2:
   A local shopkeeper imitates the logo of a famous electronics brand on his products. This is punishable under Subsection (1) with imprisonment up to 2 years or a fine.

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BNS 347 Punishment

1. Punishment for Counterfeiting Private Property Marks (Subsection 1):
   • Imprisonment for up to 2 years, or a fine, or both.
   • Example: Forging a trademarked brand logo for counterfeit products.
2. Punishment for Counterfeiting Public Property Marks (Subsection 2):
   • Imprisonment for up to 3 years and a fine.
   • Example: Forging a government seal to mislead consumers about product quality.

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BNS 347 bailable or not ?

BNS Section 347 is a bailable offense for both private and public property mark counterfeiting. This means the accused has the right to seek bail and does not need the court’s discretion for release.

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Bharatiya Nyaya Sanhita Section 347

Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
347(1)	Counterfeiting a property mark used by another person	Imprisonment up to 2 years, fine, or both	Bailable	Non-cognizable	Any Magistrate
347(2)	Counterfeiting a public servant’s property mark	Imprisonment up to 3 years and fine	Bailable	Non-cognizable	Magistrate of First Class

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BNS Section 347 FAQs

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