Section 348 BNS: Making or possession of any instrument for counterfeiting a property mark

Bharatiya Nyaya Sanhita, 2023

Section 348 BNS at a Glance

Section 348 BNS deals with making or possession of any instrument for counterfeiting a property mark. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 485 IPC on 1 July 2024.

Punishment

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

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

Section 485 →

Section 348 BNS Bare Act Text

348. Making or possession of any instrument for counterfeiting a property mark

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.

Source: Section 348, Bharatiya Nyaya Sanhita, 2023

Section 348 BNS in Simple Words

Section 348 of the Bharatiya Nyaya Sanhita (BNS) deals with making or possessing any die, plate, or other instrument for the purpose of counterfeiting a property mark. It also covers possessing a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong. In simple terms, the law targets the preparation stage, not only the final act of stamping or selling goods.

It applies to anyone who makes or keeps such instruments or marks for that unlawful purpose. In practice, this section allows police and courts to act before goods are falsely marked and circulated in the market, punishable with imprisonment of either description for up to three years, or fine, or both.

Ingredients of Section 348 BNS

  • Making or having in possession any die, plate or other instrument for the purpose of counterfeiting a property mark
  • Alternatively, having in possession a property mark for the purpose of denoting that goods belong to a person to whom they do not belong

Punishment Under Section 348 BNS

Imprisonment

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

Fine

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

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

Making or possessing an instrument for counterfeiting a property mark, or possessing a property mark to denote that goods belong to a person to whom they do not belong, carries imprisonment of either description for up to three years, or fine, or both.

Example of Section 348 BNS

At a metal workshop in Meerut, Harpreet manufactures an engraved copper plate designed to stamp the proprietary mark of an agricultural cooperative onto grain sacks. Harpreet keeps the plate in his workshop for the purpose of counterfeiting that property mark on his own sacks. Harpreet has in his possession an instrument for the purpose of counterfeiting a property mark. He is punishable under Section 348 BNS even before any sack is stamped.

When Section 348 BNS Does Not Apply

  • The die, plate or instrument is made or possessed for a lawful purpose rather than for the purpose of counterfeiting a property mark
  • The property mark in possession is not kept for the purpose of denoting that goods belong to a person to whom they do not belong

Section 348 BNS in the IPC (Previous Law)

Section 348 BNS replaces Section 485 IPC from the old criminal code.

Section 485 IPC corresponds to Section 348 BNS, with identical text and the same punishment.

View IPC Section 485 →

FAQs on Section 348 BNS

What does Section 348 BNS punish exactly?▼

It punishes making or possessing any die, plate, or other instrument for the purpose of counterfeiting a property mark, as well as possessing a property mark for the purpose of denoting that goods belong to a person to whom they do not belong.

Under Section 348 BNS, does actual use of the fake mark have to be proved?▼

No, actual use of the instrument or mark on goods is not necessary under this section. What matters is that the accused made or possessed the instrument for the purpose of counterfeiting a property mark, or possessed the property mark for falsely denoting ownership of goods.

Under Section 348 BNS, is possession alone enough for liability?▼

Possession alone is not enough without the required purpose. The prosecution must show that the die, plate, or instrument was possessed for counterfeiting a property mark, or that the property mark was possessed to denote that goods belong to someone to whom they do not belong.

What is the punishment under Section 348 BNS?▼

The offence is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Have questions about Section 348 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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 ·