BNS Section 347: Counterfeiting a property mark | Bharatiya Nyaya Sanhita

Read the complete details of Section 347 of the Bharatiya Nyaya Sanhita (BNS) 2023: Counterfeiting a property mark. Includes bare act, punishment, bail status, and trial court information.

Bare Act Text

Counterfeiting a property mark.—(1) 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. (2) 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.

Procedural Details

Punishment

Imprisonment up to Two Year(s) + Fine

Nature of Offense

Non-cognizable

Bail Eligibility

Bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Any Magistrate

Frequently Asked Questions about BNS Section 347

According to the official bare act, this legal offense is defined as: Counterfeiting a property mark.—(1) 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. (2) 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.
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Two Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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