KembaraXtra - Bharatiya Nyaya Sanhita - Section 348: Making or Possession of any Instrument for Counterfeiting a Property Mark



Q1. What does Section 348 of the Bharatiya Nyaya Sanhita provide?

Answer:

Section 348 of the Bharatiya Nyaya Sanhita, 2023 (BNS) makes it an offence to:

• Make any die, plate, stamp, seal, mould, engraving, or any other instrument for the purpose of counterfeiting a property mark; or
• Possess such an instrument with the intention of using it for counterfeiting a property mark; or
• Possess a counterfeit property mark for the purpose of falsely indicating that goods belong to a person to whom they do not belong.

The section criminalises not only the actual counterfeiting of property marks but also the preparatory acts of making or possessing instruments used for that purpose. By penalising these preparatory activities, the law seeks to prevent commercial fraud before counterfeit goods enter the market.

Example / Application:

A person manufactures metal dies engraved with the property mark of a well-known textile company intending to stamp counterfeit goods with that mark. Even before any goods are marked or sold, the person commits an offence under Section 348.

Q2. What is the object of Section 348?

Answer:

The principal object of Section 348 is to prevent the manufacture and circulation of counterfeit property marks at their very source.

Instead of waiting until counterfeit goods are sold, the law intervenes at an earlier stage by criminalising the making and possession of instruments intended for counterfeiting.

The provision seeks to:

• Protect genuine owners of goods.
• Prevent commercial fraud.
• Safeguard consumer confidence.
• Preserve honesty in trade and commerce.
• Discourage organised counterfeiting activities.
• Protect intellectual and proprietary rights over movable property.

Thus, Section 348 is a preventive provision designed to stop counterfeit operations before they result in wider commercial harm.

Example / Application:

A workshop secretly manufactures rubber stamps bearing the property marks of several reputed manufacturers for use by counterfeit traders. Section 348 enables authorities to prosecute the offenders before counterfeit products are distributed.

Q3. Which provision of the Indian Penal Code corresponds to Section 348 of the Bharatiya Nyaya Sanhita?

Answer:

Section 348 of the Bharatiya Nyaya Sanhita, 2023 corresponds to Section 485 of the Indian Penal Code, 1860.

The language of the provision has been retained without any substantive change.

Accordingly, the legal principles developed under Section 485 IPC continue to be relevant while interpreting Section 348 of the Bharatiya Nyaya Sanhita.

Q4. What are the essential ingredients of the offence under Section 348?

Answer:

To establish an offence under Section 348, the prosecution must prove the following ingredients:

First Ingredient – Making or Possession of an Instrument

The accused must:

• Make; or
• Possess

any die, plate, stamp, mould, seal, engraving, printing block, or any other instrument capable of counterfeiting a property mark.

Second Ingredient – Purpose of Counterfeiting

The instrument must be made or possessed for the purpose of counterfeiting a property mark.

The intention behind possession is therefore an essential element.

Third Ingredient – Possession of a Counterfeit Property Mark

The section also applies where the accused possesses a counterfeit property mark intended to falsely indicate that goods belong to someone who is not their true owner.

Example / Application:

A person keeps engraved printing plates bearing the property mark of a famous electronics manufacturer for use in marking counterfeit products. This satisfies the ingredients of Section 348.

Q5. 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 purpose is to identify ownership and distinguish one person's goods from those of another.

Property marks may consist of:

• Words.
• Initials.
• Symbols.
• Logos.
• Stamps.
• Numbers.
• Labels.
• Engravings.
• Trade identifiers.

A counterfeit property mark falsely represents ownership and deceives others regarding the origin of goods.

Example / Application:

A manufacturer permanently engraves its registered property mark on machinery to indicate ownership. Any imitation of that mark intended to deceive constitutes a counterfeit property mark.

Q6. What kinds of instruments are covered under Section 348?

Answer:

The section specifically mentions:

• Dies.
• Plates.

It also uses the expression "or other instrument", giving the provision a wide scope.

Accordingly, the section covers any instrument capable of producing a counterfeit property mark, including:

• Rubber stamps.
• Metal dies.
• Printing plates.
• Moulds.
• Engraving machines.
• Laser engraving devices.
• Digital printing templates.
• Metal punches.
• Embossing tools.
• Seals.
• Printing blocks.

The law focuses on the purpose for which the instrument is intended rather than its particular form.

Example / Application:

A laser engraving machine programmed exclusively to reproduce counterfeit property marks may fall within the ambit of Section 348.

Q7. Is actual counterfeiting necessary to constitute the offence?

Answer:

No.

Section 348 is a preventive provision.

The prosecution is not required to prove that any counterfeit property mark was actually produced or used.

The offence is complete once the accused:

• Makes the instrument; or
• Possesses the instrument;

for the purpose of counterfeiting a property mark.

Thus, criminal liability arises even before any counterfeit goods enter the market.

Example / Application:

Police recover newly manufactured counterfeit stamping dies before they have been used. The offence under Section 348 is already complete.

Q8. Why is possession made punishable under Section 348?

Answer:

The law recognises that possession of specialised counterfeiting equipment may itself pose a serious threat to commercial integrity.

By punishing possession, the law enables authorities to prevent:

• Future commercial fraud.
• Counterfeit manufacturing.
• Consumer deception.
• Illegal trade practices.

This preventive approach helps dismantle counterfeit operations at an early stage.

Example / Application:

A warehouse contains dozens of counterfeit printing plates intended for future use in manufacturing fake products. Section 348 allows prosecution without waiting for the counterfeit goods to be produced.

Q9. What is meant by possession of a property mark for a false purpose?

Answer:

The second part of Section 348 applies where a person possesses a property mark intending to falsely represent that certain goods belong to someone to whom they do not belong.

The offence lies in possessing the property mark for a fraudulent purpose.

The prosecution must establish that the possession was intended to facilitate deception regarding ownership.

Example / Application:

A trader keeps counterfeit labels bearing the property mark of a reputed automobile manufacturer for use on locally manufactured spare parts. Such possession falls within Section 348.

Q10. Is intention relevant under Section 348?

Answer:

Yes.

The section requires that the instrument or property mark be made or possessed for the purpose of counterfeiting or falsely indicating ownership.

Therefore, the prosecution must prove that the possession was connected with a fraudulent objective.

Mere possession of machinery capable of engraving marks is not sufficient unless it is shown that it was intended for counterfeiting.

Example / Application:

A printing press lawfully manufactures labels for authorised companies. Mere possession of printing equipment does not constitute an offence unless it is intended for producing counterfeit property marks.

Q11. How is Section 348 different from Sections 349 and 350?

Answer:

Although these provisions are closely related, they deal with different stages of counterfeit activity.

Section 348

Punishes the preparatory stage, namely:

• Making counterfeiting instruments.
• Possessing counterfeiting instruments.
• Possessing counterfeit property marks for fraudulent use.

Section 349

Punishes:

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

goods already bearing counterfeit property marks.

Section 350

Punishes:

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

Thus, Section 348 targets the means of counterfeiting, Section 349 targets the sale of counterfeit-marked goods, and Section 350 targets false markings on receptacles containing goods.

Example / Application:

A manufacturer prepares counterfeit dies (Section 348), uses them to mark goods which are then sold by a dealer (Section 349), while falsely labelling the cartons containing those goods (Section 350).

Q12. What is the punishment under Section 348?

Answer:

A person convicted under Section 348 is punishable with:

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

Classification

The offence is:

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

Example / Application:

A person found possessing counterfeit engraving plates intended for manufacturing fake luxury goods may be sentenced to imprisonment, fine, or both.

Q13. Why is Section 348 important?

Answer:

Section 348 serves as an important preventive measure against commercial fraud.

By criminalising the manufacture and possession of counterfeiting instruments, it protects:

• Genuine manufacturers.
• Consumers.
• Commercial markets.
• Honest traders.
• Public confidence in trade.
• Proprietary rights over movable property.

The provision enables law enforcement agencies to intervene at the earliest stage of criminal activity instead of waiting until counterfeit goods are manufactured and sold.

In modern commerce, where sophisticated technology can rapidly produce counterfeit goods, Section 348 plays a significant role in combating organised counterfeiting operations.

Example / Application:

Authorities raid a factory manufacturing counterfeit engraving dies intended for marking fake automobile spare parts. Section 348 permits prosecution before counterfeit goods reach consumers.

Key Provisions (Study Notes)

Section 348

Punishes any person who:

• Makes any die, plate, or other instrument for counterfeiting a property mark.
• Possesses such an instrument for the purpose of counterfeiting.
• Possesses a property mark intended to falsely indicate ownership of goods.

Corresponding IPC Provision

• Equivalent to Section 485 of the Indian Penal Code, 1860.
• The language remains unchanged under the Bharatiya Nyaya Sanhita.

Essential Ingredients

• Making or possessing:
• A die.
• A plate.
• Any other instrument.
• Purpose of counterfeiting a property mark.
• Possession of a property mark intended to falsely indicate ownership.

Nature of the Offence

• Preventive in character.
• Actual counterfeiting is not necessary.
• The offence is complete once the instrument is made or possessed for the prohibited purpose.

Classification

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

Punishment

• Imprisonment up to 3 years; or
• Fine; or
• Both.

Key Takeaway

Section 348 of the Bharatiya Nyaya Sanhita, 2023 criminalises the making or possession of instruments intended for counterfeiting property marks, as well as the possession of counterfeit property marks for falsely indicating ownership of goods. By targeting the preparatory stage of counterfeit operations, the provision enables early intervention against commercial fraud before counterfeit goods enter the market. It protects genuine manufacturers, consumers, and the integrity of commercial transactions, while strengthening the legal framework against organised counterfeiting and deceptive trade practices.