BNS Section 348: Making Or Possession Of Any Instrument For Counterfeiting A Property Mark

Definition of BNS Section 348

Section 348 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

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.

Explanation and Illustration of BNS Section 348

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of possessing counterfeiting equipment. Let us break down the section to get a better understanding of it.

• Offence

  This section deals with persons manufacturing and possessing any kind of equipment used to counterfeit property marks.
  
  A property mark is a unique symbol or insignia that is engraved, branded or imprinted on top of valuable objects to indicate the ownership of the property. Businesses with high reputation sometimes use property marks to denote the authenticity of a product so as to protect people from counterfeiting their products. Further, people who collect valuable items also employ this method to ensure it can be identified if stolen.
  
  However, for a property mark to be effective it has to be unique and difficult to imitate. Many of these marks have very minute markers and nearly invisible details that can only be spotted by a person who knows where to look for those minute details. Further, such a mark requires a unique device or equipment to make such a mark. Ensuring the use of a device that is not available in the market for purchase, the owner of the mark further makes it harder for a person to imitate the mark. The only way for a person to imitate such a mark is to counterfeit the equipment or device that makes the mark.
  
  Section 348 deals with illegal manufacture and possession of these kinds of equipment used for making unique property marks. It states that if any person found to illegally possess any die, plate or any other equipment for the purpose of counterfeiting property mark and with the intention of using it on a property to present it as if it belongs to the person who owns that property mark, then it shall be considered an offence under this section.

• Punishment

  Any person found guilty of illegally manufacturing or possessing any equipment or device that is used for counterfeiting a property mark shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
  
  The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

• Illustration

  A, a reputed art collector, has an insignia designed to imprint as a property mark on all his acquisitions, which not only helps him protect it against robbery but also is a sign of the quality and originality of the artwork because of A’s reputation and any art with his property mark on it shoots up in value. For this purpose, he has a special seal plate designed with which he brands the artwork. B, an art thief, manages to find a way to counterfeit this plate, with the intention of branding other cheap artwork with the property mark and pass it off as an art collection of A, thereby selling the art work at a much higher value fraudulently. B is an offender under the provisions of Section 348.

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