Making or possession of any instrument for counterfeiting a property mark
What this section does
Criminalises making or possessing any dye, plate or other instrument for the purpose of counterfeiting a property mark, or possessing a property mark to falsely attribute ownership of goods.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 3 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Accused made or possessed a dye, plate or other instrument
- The purpose was to counterfeit a property mark; or accused possessed a property mark to denote that goods belong to a person they do not belong to
Practitioner note
Mere possession of the instrument with the requisite purpose is sufficient; actual counterfeiting need not be proved.
Derived from IPC s.485.
Read the official text
For the binding statutory text of BNS Section 348, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 348 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.