Bharatiya Nyaya Sanhita 2023 (BNS) Section 345 Property Mark – Meaning, Punishment & Case Laws

The Bharatiya Nyaya Sanhita, 2023 (BNS), has brought many important changes to India’s criminal law system. One such section is BNS Section 345, which focuses on property marks. This section plays a key role in protecting ownership and preventing the fraudulent use of such marks. It helps in maintaining honesty in trade and consumer transactions.

Short Note on BNS Section 345 Property Mark

BNS Section 345 punishes anyone who falsely applies a property mark to movable property with the intention to deceive. A property mark is a sign or label used to show ownership. It is different from a trademark, which is used for branding in business. Property marks help identify the true owner of movable goods.

Legal Language – Simplified

In simple terms, this section applies when someone dishonestly or fraudulently uses a false property mark or someone else’s property mark without permission. If found guilty, the person can be punished with jail time, a fine, or both.

Purpose of the Law

The law aims to prevent people from claiming false ownership. It protects the rights of actual owners and ensures fairness in business and legal dealings. It also helps reduce cheating through false labeling or markings.

Key Elements of the Offence

To prove an offence under BNS Section 345 Property Mark, the following must be shown. First, that a property mark was used on movable goods. Second, that the mark was false or unauthorized. Third, the person knew it was false. Fourth, there was an intent to deceive or commit fraud.

Judicial Precedents and Case Laws

In Emperor v. Abdul Karim (1916), the accused used a well-known brand’s property mark on inferior goods. The court held it as fraud. This case, though old, sets the tone for interpreting Section 345 today.

In Coca-Cola Co. v. Bisleri International Pvt. Ltd. (2009), even though it was about trademarks, the court highlighted how misuse of any mark misleads customers and hurts genuine ownership.

In State v. Shankar Lal (1974), the accused used fake government property marks. The court convicted him under the IPC’s earlier version of this section. The decision reinforced that fake ownership marks can lead to punishment.

Difference Between Trademark and Property Mark

While both involve marks, their purpose is different. A trademark is used to brand goods or services in the market. A property mark is used to show who owns a movable item. Trademarks are covered under the Trademarks Act, 1999. Property marks are dealt with under BNS Section 345. Trademarks involve civil and criminal action. Property marks usually involve only criminal liability.

Real-World Application of BNS Section 345

This law is often used in cases where stolen goods are marked as owned by someone else. For example, electronics like phones or laptops might be rebranded with fake owner labels. Fake construction tools or industrial goods with copied labels also fall under this. Any use of a mark to falsely claim ownership can lead to action under this section.

Punishment for the Offence

The punishment under BNS Section 345 can include imprisonment up to one year. A fine may also be imposed. In some cases, both jail and fine may apply. If the offence is serious or repeated, other related sections of law can also be used for stronger penalties.

Supporting Other Legal Frameworks

BNS Section 345 works alongside other Indian laws. These include the Trademarks Act, Copyright Act, Consumer Protection Act, and customs laws. Together, they provide strong protection against the misuse of names, labels, and symbols related to ownership and commerce.

Judicial Insight

Indian courts have taken a strict view on false property marks. Courts say that these marks are not just simple tags, but legal indicators of ownership. Using someone else’s mark or creating a false one can lead to criminal consequences. It is seen as an act that breaks trust in both trade and public dealings.

Best Practices for Compliance

To stay within the law, individuals and companies should use only genuine property marks. They must avoid copying others’ labels or signs. Clear records should be kept of ownership. Businesses must also train staff about property mark laws and compliance standards.

Conclusion

BNS Section 345 Property Mark is an important law that prevents the misuse of ownership markings. It protects the rights of owners and helps create a safer business environment. In today’s world, where identity and ownership can be easily manipulated, this law is more relevant than ever. By enforcing strict rules on false property marks, it builds trust and supports fairness in trade and personal property dealings.

Disclaimer

This article is for general informational purposes only. It does not constitute legal advice. For any legal issue or interpretation related to BNS Section 345 or similar matters, please consult a qualified legal professional.