Code: Section 348 BNS
Whoever makes or has in his possession any die, plate or other instrument for the
purpose of counterfeiting a property mark, or has in his possession a property mark for the
purpose of denoting that any goods belong to a person to whom they do not belong, shall
be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Explanation of Section 348 BNS
Section 348 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the making or possession of instruments used for counterfeiting property marks. A property mark identifies the ownership, origin, or other details of goods, and tampering with such marks can lead to fraud and deception.
This section targets two primary offenses:
- Possession of Counterfeiting Instruments:
- This includes dies, plates, or tools specifically made or kept for the purpose of counterfeiting property marks.
- The law does not require the actual counterfeiting to occur; possession alone can lead to punishment if the intent is proven.
- Possession of Property Marks with Fraudulent Intent:
- Having a property mark to falsely associate goods with someone else’s ownership also falls under this section.
The key element here is intent—the person must have the purpose of defrauding or misrepresenting the ownership or origin of goods.
Illustration
Example 1: Tools for Counterfeiting a Brand Logo
A person is found with a die and a stamping plate designed to reproduce the logo of a well-known electronics brand. Even if they haven’t used them yet, the possession of these tools with fraudulent intent is punishable under Section 348.
Example 2: Possession of Fake Property Marks
A dealer possesses fake certification marks meant to falsely indicate that substandard products are of high quality. Since the intention is to mislead buyers, this act comes under Section 348.
Common Questions and Answers on Section 348 BNS
1. What types of instruments are covered under Section 348?
- Answer: Dies, plates, or any tools used to create, reproduce, or alter property marks fraudulently.
2. Can someone be punished if they haven’t used the instrument yet?
- Answer: Yes, mere possession of such instruments with fraudulent intent is punishable, even without actual counterfeiting.
3. Is it necessary to prove that the person intended to commit fraud?
- Answer: Yes, the prosecution must show that the person had the intent to deceive or cause harm, even if the act was not completed.
4. What is the punishment for violating this section?
- Answer: Imprisonment for up to 3 years, a fine, or both.
Conclusion
Section 348 of the Bharatiya Nyaya Sanhita (BNS) is a vital provision to prevent fraud involving property marks. It focuses not just on the act of counterfeiting but also on the possession of tools and materials that facilitate such crimes. This law strengthens the protection of intellectual property, business integrity, and consumer trust.
