Section 347 BNS: Counterfeiting a property mark

Bharatiya Nyaya Sanhita, 2023

Section 347 BNS at a Glance

Section 347 BNS deals with counterfeiting a property mark. It is bailable and non-cognizable; it replaced Sections 483 and 484 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to two years, or fine, or both.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ
IPC Equivalent

Section 483 →

Section 347 BNS Bare Act Text

Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Source: Section 347, Bharatiya Nyaya Sanhita, 2023

Section 347 BNS in the IPC (Previous Law)

Section 347 BNS replaced Sections 483 and 484 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 347 BNS

Under Section 347(1) BNS, what is a property mark in simple words?▼

A property mark is a mark used to show that movable property belongs to a particular person. It may be a stamp, label, symbol, or other identifying mark on goods. Section 347(1) BNS steps in when someone counterfeits a property mark used by another person.

Does Section 347(1) BNS apply only to branded goods?▼

No. It can apply to any movable goods or articles where ownership is shown by a property mark. Branded goods are a common example, but the rule covers any property mark used by another person.

Is the offence under Section 347(1) BNS bailable?▼

Yes, this offence is bailable. That means the accused can seek bail as a matter of right, subject to procedure and court conditions.

Can the police register a case for the offence under Section 347(1) BNS?▼

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, it is a non-cognizable offence, so police generally cannot investigate or arrest without a Magistrate's order. In practice, proceedings usually begin by complaint before a Magistrate unless cognizable offences are also involved.

What is Section 347(2) of the Bharatiya Nyaya Sanhita about?▼

Section 347(2) BNS covers counterfeiting a property mark used by a public servant, or a mark used by a public servant to show who made the property, when or where it was made, its quality, that it passed through a particular office, or that it has some exemption. It also covers using such a mark as genuine when the person knows it is counterfeit.

What does the police or complainant have to prove under Section 347(2) BNS?▼

They must show that the mark was one used by a public servant for one of the purposes stated in the section, and that it was counterfeited. If the allegation is about use of the mark, they must also show the person used it as genuine knowing it was counterfeit.

Is Section 347(2) BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment for counterfeiting a public servant's property mark under Section 347(2) BNS?▼

The section says the punishment may extend to three years' imprisonment, and the person shall also be liable to fine. The exact sentence, if any, depends on the facts and the court's decision.

How is Section 347(2) BNS different from ordinary counterfeiting of a property mark?▼

Section 347(1) BNS deals with counterfeiting any property mark used by another person generally. Section 347(2) BNS is narrower and stricter because it specifically deals with marks used by a public servant and also covers using such a counterfeit mark as genuine with knowledge.

Section 347 BNS: Sub-sections Explained

Section 347(1) BNS: Counterfeiting a property mark used by another

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Bare Act Text

Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explained in Simple Words

Section 347(1) of the Bharatiya Nyaya Sanhita (BNS) deals with counterfeiting any property mark used by any other person. A property mark is a mark used for denoting that movable property belongs to a particular person. This sub-section applies when someone makes a false property mark or imitates another person's property mark intending by that resemblance to practise deception, or knowing it to be likely that deception will be practised.

In simple terms, the law targets conduct that can confuse buyers, traders, or owners about who owns movable goods. It is often relevant in disputes involving warehouse stock, packaged items, and commercial goods that carry ownership marks.

This provision matters because counterfeiting another person's property mark enables cheating in trade and disputes over ownership. Offenders under Section 347(1) BNS face imprisonment of either description for up to two years, or a fine, or both.

Key Ingredients

  • Counterfeiting any property mark used by any other person
  • Intention to practise deception by means of the resemblance or knowledge that deception is likely

Punishment

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

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

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

Counterfeiting a property mark used by another person carries imprisonment of either description for up to two years, or fine, or both.

Real-World Example

At a weekly market outside Vijayawada, Priya brands each of her handcrafted wooden gift boxes with a distinct property mark showing that the stock belongs to her. Aditya carves an identical mark onto an iron stamp and applies it to his own boxes, intending purchasers to believe that his boxes belong to Priya. Aditya has counterfeited a property mark used by another person. He is punishable under Section 347(1) BNS.

When This Does Not Apply

  • The mark imitated does not denote that movable property belongs to any particular person
  • The mark is used by the accused rather than by another person
  • The accused neither intended by the resemblance to practise deception nor knew that deception was likely to be practised

Previous Law

IPC 483 → Section 347(1) BNS

Section 483 IPC corresponds to Section 347(1) BNS, with identical wording and the same punishment. In the Bharatiya Nyaya Sanhita, Section 483 IPC and Section 484 IPC are combined into Section 347(1) BNS and Section 347(2) BNS.

Section 347(2) BNS: Counterfeiting a mark used by a public servant

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Bare Act Text

Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explained in Simple Words

Section 347(2) of the Bharatiya Nyaya Sanhita (BNS) deals with counterfeiting a property mark used by a public servant, or any mark used by a public servant to denote that property has been manufactured by a particular person or at a particular time or place, that it is of a particular quality, that it has passed through a particular office, or that it is entitled to any exemption. It also punishes using any such mark as genuine knowing it to be counterfeit.

Because official inspection, quality, and clearance marks carry public authority and trust, the law treats counterfeiting them more strictly than ordinary property marks under Section 347(1) BNS. An offender under Section 347(2) BNS is punishable with imprisonment of either description for a term which may extend to three years, and is also liable to a fine.

Key Ingredients

  • Counterfeiting a property mark used by a public servant, or any mark used by a public servant to denote that property was manufactured by a particular person or at a particular time or place, is of a particular quality, has passed through a particular office, or is entitled to any exemption
  • Alternatively, using any such mark as genuine knowing it to be counterfeit

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to three years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Counterfeiting a mark used by a public servant, or using such a mark knowing it to be counterfeit, carries imprisonment of either description for up to three years, and the offender is also liable to fine.

Real-World Example

At a warehouse near Kochi, Devendra packages spices and stamps the shipping containers with a counterfeit of the inspection mark used by customs officials to certify that goods have passed through the port clearance office. Lakshmi, who manages dispatches and knows the stamp is a counterfeit, issues the containers for transport as cleared stock. Devendra has counterfeited a mark used by a public servant, and Lakshmi has used the counterfeit mark as genuine knowing it to be counterfeit. Both are punishable under Section 347(2) BNS.

When This Does Not Apply

  • The mark counterfeited was not used by a public servant
  • The accused used a counterfeit mark without knowing that it was counterfeit
  • The mark was genuine and applied by an authorised public servant

Previous Law

IPC 484 → Section 347(2) BNS

Section 484 IPC corresponds to Section 347(2) BNS, with identical text and the same punishment. In the Bharatiya Nyaya Sanhita, Section 483 IPC and Section 484 IPC are enacted as Section 347(1) BNS and Section 347(2) BNS.

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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: 16 Oct 2026 ·