Section 347 BNS: Counterfeiting a Property Mark Used by Another or Public Servant (Formerly Sections 483, 484 IPC)

Section 347 of Bharatiya Nyaya Sanhita: Counterfeiting a Property Mark Used by Another or Public Servant

Official Bare Act Text

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

(1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Legal Commentary & Landmark Judgments: Section 347

Section 347 penalises counterfeiting any property mark used by any other person, or counterfeiting any property mark used by a public servant.

Counterfeiting Mark: Replicating or simulating an authentic property mark.
Owner or Public Authority: The mark belongs to another private person, or is an official mark used by a public servant (customs, forest, railways).
Aggravated Public Mark Clause: Significantly enhanced punishment if the mark is an official public servant verification mark.

Key Landmark Precedents:

Dau Dayal v. State of U.P. AIR 1959 SC 433: The Supreme Court affirmed that manufacturing bogus dies to stamp fake brand marks on commercial goods is a completed counterfeiting offence.
State of U.P. v. Ram Swarup (1974) 4 SCC 764: Held that counterfeiting official government hallmark and excise stamps strikes at the sovereign revenue.

Courtroom Practice & Strategic Litigation Guidance:

Comparison of the microscopic die impressions by a forensic mark examiner will prove replication. If a public servant's mark is counterfeited, the offence is non-bailable.

Section 347: Counterfeiting a Property Mark Used by Another or Public Servant

Section 347 of Bharatiya Nyaya Sanhita: Counterfeiting a Property Mark Used by Another or Public Servant

Legal Commentary & Landmark Judgments: Section 347