Introduction of 348 BNS
348 BNS deals with the making or possession of instruments used for counterfeiting a property mark. A property mark is any symbol, seal, logo, or stamp that signifies ownership or authenticity of goods. This law ensures that no one can create or keep tools such as dies, plates, or machines meant to forge property marks with the intent to deceive. BNS Section 348 replaces the old IPC Section 485, strengthening legal safeguards to protect businesses, consumers, and public trust from fraud and counterfeit practices.
The Bharatiya Nyaya Sanhita (BNS) Section 348 replaces the old Indian Penal Code (IPC) Section 485.
What is BNS Section 348 ?
BNS Section 348 defines the offense of making or possessing any instrument used for counterfeiting a property mark. The law specifies that if someone is found with tools or instruments like a die, plate, or other means to replicate property marks without authorization, they can be punished with up to 3 years of imprisonment, a fine, or both. It also applies when someone uses a counterfeit mark to falsely indicate ownership or origin of goods.
Under Section 348 of the bns act 2023
“Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or knowing or having reason to believe that it is intended to be used for counterfeiting a property mark, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.”
1. Meaning of Making or Possessing Instruments for Counterfeiting
- Property mark → Any sign, logo, label, or seal used to show ownership, authenticity, or origin of goods.
- Instruments → Tools such as dies, plates, stamps, or machines used for creating fake property marks.
- Offense → Making or keeping such tools with the knowledge or intention that they will be used for forgery of property marks.
Example: A person found with a stamping machine to create fake logos of a popular mobile brand is guilty under this section.
2. Essential Ingredient – Intention to Deceive or Cause Injury
For the offense to apply, the person must:
- Make or keep instruments specifically for counterfeiting property marks.
- Have knowledge or reason to believe that such tools will be used for counterfeiting.
- The purpose must be fraudulent—causing financial loss, damage to reputation, or deceiving consumers.
Example: A trader possessing metal dies to forge a government seal with the intent to pass off goods as “officially certified.”
3. Punishment under BNS Section 348
- Imprisonment → Up to 3 years
- Fine → Amount decided by Court
- Both → In serious cases, imprisonment along with fine
The punishment reflects the seriousness of preparing or enabling fraud even if the counterfeit mark is not yet applied.
4. Nature of the Offense
- Bailable → Accused has the right to apply for bail.
- Non-Cognizable → Police cannot arrest or investigate without a magistrate’s order.
- Trial by → Magistrate of the First Class.
5. Examples of BNS Section 348 in Action
Example 1 – Counterfeit Business Tools:
Ravi is caught with a fake die used to emboss a famous sports brand’s logo on shoes. Even though he hasn’t used it yet, mere possession is punishable under Section 348.
Example 2 – Fake Government Seal:
A supplier keeps a stamp resembling the FSSAI quality mark to falsely certify food products. This possession with intent to cheat comes under Section 348.
Example 3 – Innocent Case (Not Offense):
A blacksmith makes a tool but doesn’t know it will be used for forgery. Without knowledge or intent, he cannot be punished under Section 348.
6. Importance of Section 348
- Prevents preparation for fraud before counterfeit goods enter the market.
- Protects businesses from fake branding and consumers from harmful products.
- Maintains trust in official seals, certifications, and trademarks.
- Strengthens India’s fight against counterfeiting and intellectual property violations.
Section 348 BNS Overview
BNS Section 348 deals with making or possessing any instrument (such as dies, plates, or tools) that is intended for counterfeiting a property mark. A property mark is any symbol, logo, or label used to indicate the authenticity, ownership, or origin of goods or property. This section aims to prevent the fraudulent creation or use of such marks that could mislead consumers or harm businesses. It imposes penalties on anyone who makes, possesses, or intends to use such instruments to create counterfeit property marks.
BNS Section 348: 10 Key Points Explained
1. Purpose of BNS Section 348
BNS Section 348 aims to prevent the creation or possession of tools or instruments used for counterfeiting property marks. It ensures that property marks remain genuine, protecting ownership and trust in both private and public domains. For example, it prohibits making stamps or dies to imitate trademarks or official seals.
2. Definition of Counterfeiting Tools
This section covers tools such as dies, plates, or any instrument designed to create fake property marks. It also includes possessing fake property marks with the intent to deceive others. For instance, having a counterfeit stamp to forge documents is covered under this law.
3. Punishment for Violation
The law prescribes imprisonment for up to 3 years, a fine, or both. The punishment is meant to deter individuals from engaging in counterfeiting. For example, someone caught with a machine to replicate fake holograms can face these penalties.
4. Applicability of the Law
This section applies to both public and private property marks. It ensures that all types of marks, whether used by government entities or private individuals, are protected against forgery or unauthorized replication.
5. Protection of Authenticity
By criminalizing the making and possession of counterfeiting tools, this law helps maintain the authenticity of property marks. For instance, fake marks on products to mislead customers or authorities are punishable under this section.
6. Intent to Deceive
The law targets individuals who intend to deceive others by creating or possessing counterfeiting tools. Even if the tools are not yet used, the intent is sufficient to attract punishment. For example, someone caught preparing fake logos to sell counterfeit products is liable under this section.
7. Classification of Offense
BNS Section 348 is classified as a non-cognizable and bailable offense. Non-cognizable means the police cannot arrest or investigate without prior permission from a magistrate, ensuring due process.
8. Trial Procedure
The offense under this section is tried by a magistrate of the first class, ensuring a fair and proper legal process. The magistrate examines the evidence and intent before delivering a verdict.
9. Importance for Businesses
This section safeguards the interests of businesses by protecting their trademarks and property marks from counterfeiters. It helps maintain trust between businesses and their customers. For example, companies can ensure their logos and seals are not misused.
10. Broader Legal Impact
BNS Section 348 complements other laws that protect intellectual property rights and prevent fraud. It strengthens the legal framework against forgery and deception, contributing to a safer business and legal environment.
Example 1:
Situation:
Ravi, a shopkeeper, is caught by the police while possessing a fake stamp used to counterfeit the logo of a popular mobile brand. Ravi intended to use this stamp to mark low-quality, imported mobile accessories as genuine branded products and sell them at a higher price.
Application of BNS 348:
Ravi is violating BNS Section 348 because he has in his possession a counterfeit instrument (the fake stamp) to create fraudulent property marks. According to the law, Ravi could face up to 3 years of imprisonment, a fine, or both for this offense.
Example 2:
Situation:
Neha, a small business owner, buys clothes from a supplier who uses a fake iron plate to stamp a well-known brand’s logo onto the fabric. Neha later finds out that the clothes are counterfeit, but she continues selling them with the fake brand mark, unaware of the legal consequences.
Application of BNS 348:
Neha’s supplier is violating BNS Section 348 because they possess the tools (the iron plate) to counterfeit property marks. As per the law, the supplier could face up to 3 years of imprisonment and a fine for making or possessing instruments used for counterfeiting marks.
BNS 348 Punishment
Imprisonment:
Under BNS Section 348, the punishment for making or possessing an instrument used for counterfeiting a property mark can lead to imprisonment for up to 3 years. This is a serious offense, as it involves the intent to fraudulently replicate property marks, which can cause harm to businesses, individuals, and the general public.
Fine or Both:
In addition to imprisonment, the person convicted may also be liable to pay a fine. The fine serves as an additional deterrent to prevent individuals from engaging in fraudulent activities related to counterfeiting property marks. The court has the discretion to impose a fine based on the severity of the offense, along with imprisonment.
BNS 348 bailable or not ?
BNS Section 348 is a bailable offense. This means that if an individual is arrested under this section, they have the right to apply for bail. However, the severity of the offense may affect the conditions under which bail is granted, but as a general rule, bail is permissible.
Comparison: BNS Section 348 vs IPC Section 485
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 348 | Making or possessing any instrument (dies, plates, tools) for counterfeiting a property mark. | Imprisonment up to 3 years, or fine, or both. | Bailable | Non-Cognizable | Magistrate of First Class |
| IPC Section 485 (Old) | Making or possessing instruments for counterfeiting property marks. | Imprisonment up to 3 years, or fine, or both. | Bailable | Non-Cognizable | Magistrate of First Class |
BNS Section 348 FAQs
1. What is the punishment for violating BNS Section 348?
The punishment under BNS Section 348 includes imprisonment for up to 3 years, a fine, or both. The exact sentence depends on the severity of the offense, and the court has the discretion to decide the fine amount. The purpose of this punishment is to deter individuals from engaging in the illegal practice of making or possessing instruments to counterfeit property marks.
2. Is BNS Section 348 a bailable offense?
Yes, BNS Section 348 is a bailable offense. This means that if an individual is arrested for making or possessing tools for counterfeiting property marks, they have the right to apply for bail. However, the conditions for granting bail may vary depending on the case and the circumstances.
3. What types of instruments are considered for counterfeiting under BNS Section 348?
BNS Section 348 specifically refers to instruments such as dies, plates, or any other tools used to make or counterfeit property marks. These marks are symbols, logos, or labels that signify the ownership, authenticity, or origin of goods. Using these instruments to falsely replicate property marks constitutes the offense under this section.
4. What does ‘counterfeiting a property mark’ mean under BNS Section 348?
Under BNS Section 348, counterfeiting a property mark means creating a fake mark that imitates a genuine property mark without authorization. This can mislead consumers or businesses by falsely attributing ownership, quality, or origin to goods. The law prohibits making or possessing the instruments (e.g., dies or plates) used to create these counterfeit marks.
6. Is the offense under BNS Section 348 cognizable or non-cognizable?
The offense under BNS Section 348 is non-cognizable. This means that the police cannot arrest the accused without a warrant, and they cannot start an investigation without prior approval from a magistrate. However, it still remains a serious crime and is punishable under law.
Conclusion
BNS Section 348 plays a crucial role in safeguarding authenticity and ownership by criminalizing the making or possession of tools used for counterfeiting property marks. By replacing IPC Section 485, the new law modernizes the legal framework and covers both private and public property marks. With punishments of up to three years imprisonment and fines, this section acts as a deterrent against fraudulent practices and protects genuine businesses as well as consumers. Overall, it strengthens trust in trade, branding, and public systems while ensuring strict accountability for counterfeiters.
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