BNS Section 348: Making or possession of any instrument for counterfeiting a property mark | Bharatiya Nyaya Sanhita

Read the complete details of Section 348 of the Bharatiya Nyaya Sanhita (BNS) 2023: Making or possession of any instrument for counterfeiting a property mark. Includes bare act, punishment, bail status, and trial court information.

Bare Act Text

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.

Procedural Details

Punishment

Imprisonment up to Three Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Magistrate First Class

Frequently Asked Questions about BNS Section 348

According to the official bare act, this legal offense is defined as: 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.
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Three Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific BNS section are triable by the Magistrate First Class.
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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