Property mark
What this section does
Defines a 'property mark' as a mark denoting ownership of movable property, and defines 'false property mark' as marking goods or receptacles in a manner likely to suggest they belong to someone they do not. Using a false property mark is an offence unless the accused proves absence of intent to defraud.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 1 year, or fine, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Accused marked movable property, goods, or a receptacle containing them, or used a receptacle bearing a mark
- The marking was reasonably calculated to cause a belief that the property belonged to a person it did not belong to
- Accused fails to prove he acted without intent to defraud (reverse burden on accused)
Practitioner note
Sub-sections (1) and (2) are definitional; the offence is created by sub-section (3). The burden of proving absence of fraudulent intent shifts to the accused once the prosecution establishes use of a false property mark.
Derived from IPC s.479, s.482.
Read the official text
For the binding statutory text of BNS Section 345, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 345 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.