KembaraXtra - Bharatiya Nyaya Sanhita - Section 347: Counterfeiting a Property Mark



Q1. What does Section 347 of the Bharatiya Nyaya Sanhita provide?

Answer:

Section 347 of the Bharatiya Nyaya Sanhita, 2023 (BNS) makes it an offence to counterfeit a property mark used by another person. It also provides enhanced punishment for counterfeiting property marks or official marks used by public servants, or for knowingly using such counterfeit marks as genuine.

The section is divided into two parts:

• Section 347(1) deals with the counterfeiting of private property marks used by any other person.
• Section 347(2) deals with the counterfeiting of official property marks or official certification marks used by public servants, and the fraudulent use of such counterfeit marks.

The provision safeguards commercial honesty, protects ownership of movable property, and preserves public confidence in official certification and inspection systems.

Example / Application:

A trader copies the ownership mark of another manufacturer's products and places it on his own goods to deceive purchasers. He commits an offence under Section 347(1).

If another person counterfeits a Government inspection stamp showing that goods have passed quality inspection when they have not, the offence falls under Section 347(2).

Q2. What is the object of Section 347?

Answer:

The principal object of Section 347 is to protect the authenticity and reliability of property marks and official certification marks.

Property marks indicate ownership of movable property, while official marks issued by public servants certify matters such as:

• Manufacture.
• Quality.
• Time of production.
• Place of production.
• Official inspection.
• Government approval.
• Statutory exemption.

Counterfeiting such marks may deceive purchasers, traders, public authorities, and consumers.

Accordingly, the section seeks to:

• Protect genuine owners of property.
• Prevent commercial fraud.
• Preserve public confidence in official certifications.
• Protect Government regulatory systems.
• Maintain integrity in trade and commerce.

Example / Application:

A manufacturer places a counterfeit Government quality certification mark on substandard electrical appliances to increase sales. Such conduct directly undermines public confidence in official certification.

Q3. Which provisions of the Indian Penal Code correspond to Section 347 of the Bharatiya Nyaya Sanhita?

Answer:

Section 347 of the Bharatiya Nyaya Sanhita, 2023 substantially reproduces the corresponding provisions of the Indian Penal Code.

• Section 347(1) BNS corresponds to Section 483 IPC.
• Section 347(2) BNS corresponds to Section 484 IPC.

The language of both provisions has been retained without any substantive change.

Therefore, the legal principles developed under Sections 483 and 484 of the IPC continue to guide the interpretation of Section 347 of the Bharatiya Nyaya Sanhita.

Q4. What is meant by a "property mark"?

Answer:

A property mark is a mark used to indicate that movable property belongs to a particular person.

Its primary purpose is to identify ownership and distinguish one person's goods from those belonging to another.

Property marks may consist of:

• Words.
• Initials.
• Symbols.
• Logos.
• Numbers.
• Stamps.
• Engravings.
• Labels.
• Seals.

Such marks assist in identifying ownership during manufacture, transportation, storage, and sale.

Example / Application:

A furniture manufacturer engraves its registered initials on every product to indicate ownership. Those initials constitute a property mark.

Q5. What constitutes counterfeiting a property mark under Section 347(1)?

Answer:

A person commits the offence under Section 347(1) if he counterfeits any property mark used by another person.

Counterfeiting means making a false imitation of the original property mark so that it appears genuine and is capable of deceiving others regarding the ownership of the goods.

The offence is complete when:

• A false property mark is created; and
• The mark imitates the genuine property mark of another person.

Actual sale of the goods is not necessary for liability under this provision.

Example / Application:

A trader copies the engraved ownership mark of a reputed steel manufacturer and stamps it on locally produced steel products. The offence under Section 347(1) is complete even before the goods are sold.

Q6. What special protection does Section 347(2) provide?

Answer:

Section 347(2) provides enhanced protection to property marks and official marks used by public servants.

It punishes any person who counterfeits:

• A property mark used by a public servant; or
• Any official mark used by a public servant to certify specific facts relating to property.

The law recognises that official marks are relied upon by Government departments, businesses, and the public, and therefore deserve greater protection.

Example / Application:

A person manufactures counterfeit food safety inspection stamps identical to those issued by Government authorities. Such conduct falls within Section 347(2).

Q7. What kinds of official marks are protected under Section 347(2)?

Answer:

Section 347(2) protects official marks used by public servants to certify various facts regarding property.

These include marks indicating that:

• The property has been manufactured by a particular person.
• The property was manufactured at a particular time.
• The property was manufactured at a particular place.
• The property is of a specified quality.
• The property has passed through a particular office.
• The property is entitled to a particular exemption.

These official marks facilitate Government regulation and commercial transactions by providing reliable certification.

Example / Application:

A Government officer issues an official stamp certifying that a consignment has passed quality inspection. Counterfeiting that stamp constitutes an offence under Section 347(2).

Q8. Does Section 347(2) punish only counterfeiting?

Answer:

No.

Section 347(2) creates two separate offences.

First Offence

Counterfeiting an official property mark or certification mark used by a public servant.

Second Offence

Knowingly using such a counterfeit mark as though it were genuine.

Thus, liability extends not only to the person who creates the counterfeit mark but also to anyone who knowingly uses it.

Example / Application:

A trader knowingly affixes a counterfeit Government certification mark to imported machinery. Even if another person prepared the counterfeit mark, the trader commits an offence by using it as genuine.

Q9. Is knowledge relevant under Section 347(2)?

Answer:

Yes.

For the offence of using a counterfeit official mark, the prosecution must establish that the accused:

• Used the mark as genuine; and
• Knew that the mark was counterfeit.

Without proof of such knowledge, criminal liability under this part of the section cannot ordinarily arise.

Example / Application:

A wholesaler knowingly markets goods bearing counterfeit Government inspection marks. Since he is aware that the marks are false, Section 347(2) applies.

Q10. How is Section 347 different from Sections 348, 349, and 350?

Answer:

Although these provisions deal with property marks, each addresses a different stage of the fraudulent activity.

Section 347

Punishes:

• Counterfeiting a property mark.
• Counterfeiting official marks used by public servants.
• Knowingly using counterfeit official marks as genuine.

Section 348

Punishes:

• Making or possessing instruments used for counterfeiting property marks.
• Possessing counterfeit property marks for fraudulent purposes.

Section 349

Punishes:

• Selling.
• Exposing for sale.
• Possessing for sale,

goods bearing counterfeit property marks.

Section 350

Punishes:

• Making false marks on receptacles containing goods.
• Using such false marks.

Thus, Section 347 addresses the creation and fraudulent use of counterfeit property marks, while the succeeding sections deal with preparatory acts, commercial distribution, and deceptive packaging.

Example / Application:

A person counterfeits a manufacturer's property mark (Section 347), prepares engraving dies for future use (Section 348), sells goods bearing the counterfeit mark (Section 349), and falsely labels the cartons containing those goods (Section 350).

Q11. What is the punishment under Section 347(1)?

Answer:

A person convicted under Section 347(1) is punishable with:

• Imprisonment of either description for a term which may extend to two years; or
• Fine; or
• Both imprisonment and fine.

Classification

The offence is:

• Non-cognizable.
• Bailable.
• Triable by any Magistrate.

Example / Application:

A trader convicted of counterfeiting another company's property mark may be sentenced to imprisonment, fine, or both.

Q12. What is the punishment under Section 347(2)?

Answer:

A person convicted under Section 347(2) is punishable with:

• Imprisonment of either description for a term which may extend to three years; and
• Fine.

Unlike Section 347(1), the court must also impose fine in addition to imprisonment, although the imprisonment may be of either description.

Classification

The offence is:

• Non-cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

Example / Application:

A manufacturer convicted of counterfeiting Government quality certification marks may be sentenced to imprisonment up to three years together with a fine.

Q13. Why is Section 347 important?

Answer:

Section 347 is an important safeguard against commercial fraud and misuse of official certification.

The provision protects:

• Genuine owners of movable property.
• Consumers.
• Honest traders.
• Government certification systems.
• Regulatory authorities.
• Public confidence in official inspections and approvals.

By imposing enhanced punishment for counterfeiting official marks used by public servants, the law recognises that fraud involving Government certification may have serious consequences for public safety, public revenue, and market integrity.

The section therefore strengthens trust in commercial transactions and official regulatory processes.

Example / Application:

Counterfeit Government certification marks placed on medicines, food products, or industrial equipment may endanger public health and safety. Section 347 helps prevent such fraudulent practices.

Key Provisions (Study Notes)

Section 347(1)

Punishes any person who:

• Counterfeits a property mark used by another person.

Punishment:

• Imprisonment up to 2 years; or
• Fine; or
• Both.

Classification:

• Non-cognizable.
• Bailable.
• Triable by any Magistrate.

Section 347(2)

Punishes any person who:

• Counterfeits a property mark used by a public servant.
• Counterfeits an official mark used by a public servant to certify:
• Manufacture by a particular person.
• Manufacture at a particular time.
• Manufacture at a particular place.
• Particular quality.
• Passage through a particular office.
• Entitlement to any exemption.
• Knowingly uses such counterfeit marks as genuine.

Punishment:

• Imprisonment up to 3 years; and
• Fine.

Classification:

• Non-cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

Corresponding IPC Provisions

• Section 347(1) corresponds to Section 483 IPC.
• Section 347(2) corresponds to Section 484 IPC.
• The language remains unchanged under the Bharatiya Nyaya Sanhita.

Important Legal Principles

• Counterfeiting means making a false imitation of a genuine property mark.
• Actual sale of goods is not necessary to complete the offence under Section 347(1).
• Section 347(2) creates two offences:
• Counterfeiting official marks.
• Knowingly using counterfeit official marks as genuine.
• Knowledge is an essential ingredient for the offence of using a counterfeit official mark.

Key Takeaway

Section 347 of the Bharatiya Nyaya Sanhita, 2023 protects both private property marks and official certification marks from fraudulent imitation. While Section 347(1) criminalises the counterfeiting of property marks used by private persons, Section 347(2) provides enhanced protection for marks used by public servants to certify matters such as ownership, manufacture, quality, official inspection, and statutory exemptions. The provision also punishes the knowing use of counterfeit official marks as genuine, thereby safeguarding commercial integrity, consumer confidence, and the credibility of Government certification systems. By distinguishing between private and official property marks and prescribing higher punishment for offences involving public authority, Section 347 reinforces trust in both commerce and public administration.