Section 346 BNS: Removing, Destroying or Defacing Property Mark with Intent to Cause Injury (Formerly Section 489 IPC)

Section 346 of Bharatiya Nyaya Sanhita: Removing, Destroying or Defacing Property Mark with Intent to Cause Injury

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Legal Commentary & Landmark Judgments: Section 346

Section 346 punishes removing, destroying, defacing, or adding to any property mark with intent to cause injury to any person.

Existing Property Mark: A lawful property mark stamped on timber, cattle, machinery, or merchandise.
Tampering Act: Scraping off, altering, obliterating, or painting over the mark.
Injurious Intent: Done with intent or knowledge that it will cause injury to the true owner.

Key Landmark Precedents:

State of Karnataka v. K.A. Kunchindammed (2002) 9 SCC 90: Held that obliterating government forest transit stamps on seized sandalwood logs to disguise origin constitutes an offence under this section.
State of Maharashtra v. Vishwanath Dnyanoba (1979) 4 SCC 23: Affirmed that defacing identification ear-tags on livestock to disguise stolen animals attracts penal sanctions.

Courtroom Practice & Strategic Litigation Guidance:

Photographic inspection of the altered surface showing tool scraping or acid burns will substantiate intentional tampering.

Section 346: Removing, Destroying or Defacing Property Mark with Intent to Cause Injury

Section 346 of Bharatiya Nyaya Sanhita: Removing, Destroying or Defacing Property Mark with Intent to Cause Injury

Legal Commentary & Landmark Judgments: Section 346