Counterfeiting a property mark
What this section does
Penalises counterfeiting any property mark used by another person (sub-section 1), and more severely penalises counterfeiting a property mark used by a public servant or using such a counterfeit mark as genuine (sub-section 2).
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Sub-section (1): Imprisonment of either description up to 2 years, or fine, or both. Sub-section (2): Imprisonment of either description up to 3 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Depends
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Sub-section (1): Accused counterfeited a property mark used by any other person
- Sub-section (2): Accused counterfeited a property mark used by a public servant to denote manufacture, quality, place, time, or exemption status; or used such a counterfeit mark as genuine knowing it to be counterfeit
Practitioner note
Sub-section (2) imposes a mandatory fine in addition to imprisonment, unlike sub-section (1) where fine is alternative. Counterfeiting a government/public-servant mark attracts the higher punishment.
Derived from IPC s.483, s.484.
Read the official text
For the binding statutory text of BNS Section 347, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 347 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.