347
347
Counterfeiting a property mark
Bharatiya Nyaya Sanhita, 2023
Chapter XVIII Of Offences Relating to Documents and to Property Marks
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCounterfeitingFraudIntellectual PropertyModerate Offence
🗣️ Simple Explanation
What does this law say?
Section 347 of the BNS says it's illegal to copy a property mark. This means making a fake version of a brand name, logo, or other mark that identifies a product. If you copy a mark used by a public servant, or use a fake mark, the punishment is more severe.
Why does this law exist?
This law protects businesses and consumers. It stops people from making fake products and selling them as the real thing. It also protects the government's marks.
Real-life impact
This law stops people from selling fake products. Think of fake designer bags or electronics. It protects consumers from being tricked. It also helps businesses protect their brand reputation.
What happens if you break this law?
If you copy a property mark, you could go to jail for up to two years. You might also have to pay a fine, or both. If you copy a mark used by a public servant, you could go to jail for up to three years and pay a fine. The police can arrest you without a warrant.
⚖️ Punishment
Imprisonment up to three years, or fine, or both.
💡 Real Life Example
Priya makes fake Nike shoes and sells them online. This is illegal. She could face jail time and a fine. Amit copies a government mark on a product to falsely claim it's approved. He could face a longer jail sentence and a fine.
🛡️ KNOW YOUR RIGHTS
- •Contact a lawyer immediately if accused.
- •Gather evidence to prove your innocence.
- •Refuse to answer questions without a lawyer present.
- •Report any threats or coercion by the police.
❓ FREQUENTLY ASKED QUESTIONS
Section 347 of the BNS makes it illegal to copy property marks. This includes brand names, logos, and other identifying marks. It also covers copying marks used by public servants. This section replaces the old law. It aims to prevent the sale of fake goods and protect consumers.
If you counterfeit a property mark, you could go to jail for up to two years and/or pay a fine. If you counterfeit a public servant's mark, you could face up to three years in jail and a fine. The police can arrest you without a warrant.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
Was this helpful?