Section 346 BNS: Tampering with property mark with intent to cause injury

Bharatiya Nyaya Sanhita, 2023

Section 346 BNS at a Glance

Section 346 BNS deals with tampering with property mark with intent to cause injury. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 489 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to one year.

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

Section 489 →

Section 346 BNS Bare Act Text

346. Tampering with property mark with intent to cause injury

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Section 346, Bharatiya Nyaya Sanhita, 2023

Section 346 BNS in Simple Words

Section 346 of the Bharatiya Nyaya Sanhita (BNS) punishes tampering with a property mark when done with the intention of causing injury to any person, or with knowledge that such injury is likely to result. The section applies to anyone who interferes with a property mark in one of the ways specified by the provision.

Four kinds of acts are covered: removing a property mark, destroying it, defacing it, or adding to it. Mere physical alteration or damage to a mark is not enough on its own. It must also be shown that the person acted either intending to cause injury to someone, or knowing that the tampering was likely to cause injury to any person.

A person who commits an offence under Section 346 BNS shall be punished with imprisonment of either description, which may be simple or rigorous, for a term that may extend to one year, or with fine, or with both.

Ingredients of Section 346 BNS

  • There is a property mark on some property
  • The accused removes, destroys, defaces, or adds to that property mark
  • The accused intends to cause injury to any person, or knows it is likely to cause injury to any person

Punishment Under Section 346 BNS

Imprisonment

Imprisonment of either description for a term which may extend to one year.

Fine

The offender may be punished with fine alone, or with both imprisonment and fine.

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

Removing, destroying, defacing, or adding to any property mark with intent to cause injury, or knowing that injury is likely, is punishable with imprisonment of either description for up to one year, or with fine, or with both.

Example of Section 346 BNS

Near Meerut, Gopal worked in a grain market where Sunita sold mustard oil tins bearing her property mark. Naveen, who wanted buyers to think the tins belonged to his side, scratched off Sunita’s mark on several tins and added extra markings over it before delivery. He knew this was likely to cause injury to Sunita by harming her business and creating confusion about ownership of the goods. This falls within the section because he defaced and added to a property mark with the required intention or knowledge of likely injury.

When Section 346 BNS Does Not Apply

  • A property mark fades naturally due to rain, heat, or ordinary wear, without any person removing, destroying, defacing, or adding to it
  • A person accidentally damages a property mark while cleaning or transporting goods, without intending injury and without knowing injury is likely
  • A person changes packaging or labels that are not shown to be a property mark
  • A person alters a property mark but there is no intention to cause injury to any person and no knowledge that injury is likely

Section 346 BNS in the IPC (Previous Law)

Section 346 BNS replaces Section 489 IPC from the old criminal code.

Section 489 IPC corresponds to Section 346 BNS, with identical wording and the same punishment.

View IPC Section 489 →

FAQs on Section 346 BNS

What does Section 346 of the BNS punish?▼

Section 346 BNS punishes tampering with a property mark when it is done with intent to cause injury, or with knowledge that it is likely to cause injury. The section covers removing, destroying, defacing, or adding to any property mark.

What has to be proved under Section 346 of the BNS?▼

It must be shown that a property mark was removed, destroyed, defaced, or added to. It must also be shown that this was done intending to cause injury to a person, or knowing that it was likely to cause injury.

What is the punishment under Section 346 of the BNS?▼

Section 346 BNS provides punishment of imprisonment of either description for a term which may extend to one year, or fine, or both. The exact sentence depends on the facts of the case.

How is Section 346 of the BNS different from a case where a property mark is changed without intent to injure?▼

Section 346 BNS specifically requires intent to cause injury, or knowledge that injury is likely. If that mental element is not present, this section may not apply even if a property mark was tampered with.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·