Section 345 BNS: Property mark

Bharatiya Nyaya Sanhita, 2023

Section 345 BNS at a Glance

Section 345 BNS deals with property mark. It replaced Sections 479, 481 and 482 IPC on 1 July 2024.

Punishment

None. Section 345(1) BNS is a definition and prescribes no sentence. The offence of using a false property mark is punished under Section 345(3) BNS with imprisonment of either description for up to one year, or fine, or both.

IPC Equivalent

Section 479 →

Section 345 BNS Bare Act Text

A mark used for denoting that movable property belongs to a particular person is called a property mark.

Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Section 345, Bharatiya Nyaya Sanhita, 2023

Section 345 BNS in the IPC (Previous Law)

Section 345 BNS replaced Sections 479, 481 and 482 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 345 BNS

What is a property mark under Section 345(1) BNS?▼

A property mark is a mark used for denoting that movable property belongs to a particular person. It identifies ownership of movable goods or articles, and does not apply to immovable property.

Does Section 345(1) BNS apply if I made a mistake while marking goods?▼

Section 345(1) BNS only defines a property mark. If someone uses a false property mark, liability under Section 345(3) BNS applies unless the accused proves that he acted without intent to defraud.

Is Section 345(1) BNS still in force today?▼

Yes. Section 345(1) BNS is the current provision in force under the Bharatiya Nyaya Sanhita, 2023, defining a property mark.

Why is Section 345(1) BNS used in business disputes?▼

It often comes up where movable goods or containers are marked to show that they belong to a particular person. If someone uses a false property mark or tampers with a property mark, criminal liability can arise under Sections 345(3) or 346 BNS.

Under Section 345(2) BNS, what is a property mark in simple terms?▼

A property mark is a mark used to show that movable property belongs to a particular person. Under Section 345(2) BNS, marking goods or receptacles, or using a marked receptacle, in a way reasonably calculated to make people believe the goods belong to someone they do not belong to is using a false property mark.

Under Section 345(2) BNS, is accidental use of a wrong mark an offence?▼

Under Section 345(2) and Section 345(3) BNS, if a person uses a false property mark in a manner reasonably calculated to make others believe the goods belong to someone else, he is punishable unless he proves that he acted without intent to defraud.

Can Section 345(2) BNS apply to branded goods?▼

Yes, it can. If someone marks goods or packages, or uses marked packages, in a manner reasonably calculated to make others believe the movable property or goods belong to a person to whom they do not belong, this section applies.

Under Section 345(2) BNS, is the offence bailable?▼

Yes, the offence punished under Section 345(3) BNS is bailable and non-cognizable. That means the accused can generally seek bail as a matter of right, subject to legal procedure.

Under Section 345(3) BNS, what is a false property mark in simple terms?▼

Under Section 345(2) BNS, a person uses a false property mark when he marks movable property, goods, or a receptacle containing them, or uses a marked receptacle, in a manner reasonably calculated to cause belief that the property or goods belong to a person to whom they do not belong.

Does Section 345(3) BNS apply if the person did not know the mark was false?▼

Under Section 345(3) BNS, once use of a false property mark is shown, the accused is punished unless he proves that he acted without intent to defraud. The burden of proving lack of intent to defraud is on the accused.

Is the offence under Section 345(3) BNS serious enough for arrest?▼

It is a bailable and non-cognizable offence. That means police powers are more limited than in serious offences, and arrest is not routine without proper legal basis.

How is Section 345(3) BNS different from trademark infringement?▼

Trademark infringement is mainly a civil and commercial dispute, though some cases may also have criminal angles under other laws. This section deals with the criminal offence of using a false property mark denoting ownership of movable property, unless the accused proves he acted without intent to defraud.

Section 345 BNS: Sub-sections Explained

Section 345(1) BNS: Property mark

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Bare Act Text

A mark used for denoting that movable property belongs to a particular person is called a property mark.

Explained in Simple Words

Section 345(1) of the Bharatiya Nyaya Sanhita (BNS) defines a property mark. Under this sub-section, any mark used for denoting that movable property belongs to a particular person is called a property mark. It is a foundational definition used for the offences relating to property marks that follow.

In simple terms, a property mark identifies who owns movable goods or articles, as opposed to immovable property such as land or buildings. Marks painted, stamped, or stencilled on containers, equipment, or goods to show that they belong to a specific individual or business fall within this definition.

Section 345(1) BNS only defines what a property mark is and does not itself create an offence or prescribe a punishment. Using a false property mark and the punishment for doing so are covered separately under Sections 345(2) and 345(3) BNS.

Key Ingredients

  • A mark used for denoting ownership of movable property
  • The ownership denoted is that of a particular person

Punishment

🔒 None. Section 345(1) BNS is a definition and prescribes no sentence. The offence of using a false property mark is punished under Section 345(3) BNS with imprisonment of either description for up to one year, or fine, or both.

💰 None. Section 345(1) BNS prescribes no fine. Fines for offences involving property marks are provided under Section 345(3) to Section 350 BNS.

Section 345(1) BNS defines a property mark and prescribes no punishment of its own.

Real-World Example

Near Anand, Ramesh, a dairy farmer, paints his distinctive initials on the aluminium milk cans he lends to local suppliers, so that the cans are identified as belonging to him. The initials are a mark used for denoting that movable property, the cans, belongs to a particular person, Ramesh, making them a property mark under Section 345(1) BNS. When another supplier paints the same initials on his own cans to make buyers believe they belong to Ramesh, he uses a false property mark under Section 345(2) BNS, and the punishment is under Section 345(3) BNS.

When This Does Not Apply

  • A mark placed on land or a building, which is immovable property
  • A mark that does not denote that the movable property belongs to any particular person

Previous Law

IPC 479 → Section 345(1) BNS

Section 479 IPC corresponds to Section 345(1) BNS, with identical wording. In the Bharatiya Nyaya Sanhita, Section 479 IPC, Section 481 IPC and Section 482 IPC are consolidated into three sub-sections of Section 345 BNS, covering the definition of a property mark, using a false property mark, and the punishment.

Section 345(2) BNS: Using a false property mark

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Bare Act Text

Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

Explained in Simple Words

Section 345(2) of the Bharatiya Nyaya Sanhita (BNS) defines what it means to use a false property mark. A person is said to use a false property mark when he marks any movable property or goods, or any case, package, or other receptacle containing them, or uses any marked receptacle, in a manner reasonably calculated to cause it to be believed that the property or goods belong to a person to whom they do not belong.

The provision covers both placing a misleading mark on goods or containers and reusing a container that already bears someone else's mark so that others are led to believe the goods inside belong to that other person.

Section 345(2) BNS sets out the definition of using a false property mark, while Section 345(3) BNS prescribes the punishment of up to one year's imprisonment, or fine, or both, unless the accused proves that he acted without intent to defraud.

Key Ingredients

  • Marking movable property or goods, or marking a receptacle containing them, or using a receptacle with a mark on it
  • Conduct reasonably calculated to cause belief that the property or goods belong to a person to whom they do not belong

Punishment

🔒 None. Section 345(2) BNS defines using a false property mark and prescribes no sentence. The punishment is prescribed under Section 345(3) BNS as imprisonment of either description for up to one year, or fine, or both.

💰 None. Section 345(2) BNS prescribes no fine. The fine is prescribed under Section 345(3) BNS.

Section 345(2) BNS defines using a false property mark and prescribes no punishment of its own.

Real-World Example

At a wholesale market outside Ludhiana, Farhan repacks loose tea into empty commercial cartons that still display the distinct ownership mark of Tarun Traders, intending buyers to believe that the tea belongs to Tarun. The tea belongs entirely to Farhan, not Tarun. By using marked receptacles in a manner reasonably calculated to cause it to be believed that the goods belong to a person to whom they do not belong, Farhan uses a false property mark within Section 345(2) BNS. The punishment for his act is under Section 345(3) BNS.

When This Does Not Apply

  • The property or goods actually belong to the person whose mark appears upon them or upon the receptacle
  • The mark is placed on immovable property rather than on movable property or goods or a receptacle containing them
  • The marking or use is not reasonably calculated to cause anyone to believe that the goods belong to another person

Previous Law

IPC 481 → Section 345(2) BNS

Section 481 IPC corresponds to Section 345(2) BNS, with identical wording. In the Bharatiya Nyaya Sanhita, Section 479 IPC, Section 481 IPC and Section 482 IPC are arranged as three sub-sections of Section 345 BNS, covering the definition of a property mark, using a false property mark, and the punishment.

Section 345(3) BNS: Punishment for using a false property mark

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Bare Act Text

Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explained in Simple Words

Section 345(3) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for using a false property mark. Under this sub-section, whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

In simple terms, once it is shown that a person used a false property mark as defined in Section 345(2) BNS, so as to make others believe that movable property or goods belong to a person to whom they do not belong, criminal liability follows unless the accused proves that there was no intent to defraud. This protects rightful owners and buyers against deceptive ownership markings on goods and containers.

Key Ingredients

  • Using any false property mark as defined in Section 345(2) BNS
  • Failure by the accused to prove that he acted without intent to defraud

Punishment

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to one year, or fine, or both.

💰 The court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.

Using a false property mark carries imprisonment of either description for up to one year, or fine, or both, unless the accused proves that he acted without intent to defraud.

Real-World Example

In Raipur, Imran operates a workshop manufacturing cotton sarees. He packs his sarees into cartons bearing the distinct ownership mark of Swati Textiles without permission, intending purchasers to believe that the stock belongs to Swati Textiles. The sarees belong entirely to Imran. Because Imran uses a false property mark on receptacles containing goods, Imran commits an offence under Section 345(3) BNS unless he proves that he acted without intent to defraud.

When This Does Not Apply

  • The property or goods genuinely belong to the person whose mark was placed upon them or upon the receptacle
  • The accused proves that he acted without intent to defraud
  • The mark was placed on immovable property rather than on movable property or goods or a receptacle containing goods

Previous Law

IPC 482 → Section 345(3) BNS

Section 482 IPC corresponds to Section 345(3) BNS, with identical words and the same punishment. In the Bharatiya Nyaya Sanhita, Section 479 IPC, Section 481 IPC and Section 482 IPC are consolidated into Section 345(1) BNS, Section 345(2) BNS and Section 345(3) BNS.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·