Introduction of 348 BNS
BNS Section 348 is a law that specifically targets the act of creating or possessing instruments (such as dies, plates, or tools) used for counterfeiting property marks. A property mark refers to any mark, symbol, or logo that indicates the authenticity, ownership, or origin of a product or property. This section is crucial in protecting businesses and individuals from fraud, as counterfeit property marks can lead to significant financial loss and reputational harm.
The Bharatiya Nyaya Sanhita (BNS) Section 348 replaces the old Indian Penal Code (IPC) Section 485.
- Introduction of 348 BNS
- What is BNS Section 348 ?
- BNS 348 in Simple Points
- Section 348 BNS Overview
- BNS 348 Punishment
- BNS 348 bailable or not ?
- Bharatiya Nyaya Sanhita Section 348
- BNS Section 348 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 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.
BNS 348 in Simple Points
1. What is Covered Under BNS Section 348?
BNS Section 348 deals with the creation or possession of tools used for counterfeiting property marks. These property marks can be trademarks, logos, or official seals used to denote ownership or authenticity. For instance, if a person is found with a die or plate to replicate the trademark of a famous brand, this section applies. It ensures the protection of genuine property marks, preventing harm to individuals or businesses due to fraudulent marks.
2. Punishment Under BNS Section 348
If a person is found guilty under this section, they can face imprisonment for up to three years, a fine, or both. The severity of the punishment reflects the seriousness of counterfeiting. For example, if someone is caught manufacturing counterfeit holograms used to deceive customers, they can be penalized heavily. The punishment ensures that potential offenders think twice before engaging in such illegal activities.
3. Applicability to Public and Private Property Marks
This section applies to both public property marks (used by government officials) and private property marks (used by businesses or individuals). For instance, forging a government seal to pass off fake goods as official products falls under this section. Similarly, creating fake trademarks for private goods to mislead customers is punishable. This ensures the law covers all types of property marks.
4. Intent is Key to the Offense
A critical element of this offense is the intent to deceive or defraud. Merely possessing a counterfeit property mark or tools for making one is sufficient if the intent to cause harm is proven. For example, a person found with stamps resembling those of a government agency, intending to misuse them, can be prosecuted. The law focuses on preventing harm before it is caused.
5. Legal Classification and Trial
BNS Section 348 is classified as a non-cognizable and bailable offense, which means the police require permission from a magistrate to investigate or arrest the accused. The case is tried by a magistrate of the first class, ensuring a structured legal process. This classification balances the seriousness of the offense with the protection of the accused’s rights, providing fairness in the judicial process.
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.
Bharatiya Nyaya Sanhita Section 348
| BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 348 | Making or possessing any instrument to counterfeit a property mark (e.g., dies, plates, tools). | Imprisonment for up to 3 years, fine, or both. | Bailable | Non-Cognizable | Magistrate of the 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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.