{"id":5576,"date":"2025-08-31T20:04:27","date_gmt":"2025-08-31T14:34:27","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5576"},"modified":"2025-08-31T20:10:03","modified_gmt":"2025-08-31T14:40:03","slug":"chapter-xvii-offences-relating-to-documents-and-to-property-marks-section-335-350","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/08\/31\/chapter-xvii-offences-relating-to-documents-and-to-property-marks-section-335-350\/","title":{"rendered":"Chapter XVII: Offences Relating to Documents and to Property Marks [Section 335-350]"},"content":{"rendered":"\t\t
\n\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\n

Author: Sakshi Patil<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t
    \n
  1. Introduction\u00a0<\/b><\/li>\n<\/ol>\n

    Chapter XVIII of the Bharatiya Nyaya Sanhita, 2023 focuses on offences that involve\u00a0 dishonest or fraudulent acts connected with documents and property marks. This includes the\u00a0 creation of false documents, forgery, use of forged documents, and tampering with marks that\u00a0 indicate ownership or origin of property. These offences directly affect the trust and\u00a0 reliability that individuals, businesses, and institutions place in written documents and\u00a0 identifiable property. Since documents such as agreements, certificates, records carry legal\u00a0 importance, any attempt to forge or falsify them can lead to serious legal consequences.\u00a0 Similarly, property marks are used to identify goods and their ownership, especially in trade\u00a0 and commerce. Any unauthorized use or imitation of such marks can result in\u00a0 misrepresentation and loss to the rightful owner or to the public. This chapter ensures that the\u00a0 law protects the authenticity and integrity of both documents and property marks. The\u00a0 provisions under this chapter play a vital role in preventing fraud, safeguarding rights, and\u00a0 maintaining order in commercial and legal dealings.\u00a0<\/span><\/p>\n

      \n
    1. What is a Document?\u00a0<\/b><\/li>\n<\/ol>\n

      Section 2(8) <\/b>of Bharatiya Nyaya Sanhita, 2023 says \u201c<\/span>document\u201d <\/b>means any matter\u00a0 expressed or described upon any substance by means of letters, figures or marks, or by more\u00a0 than one of those means, and includes electronic and digital record, intended to be used, or\u00a0 which may be used, as evidence of that matter.\u00a0<\/span><\/p>\n

      It further explains it is immaterial by what means or upon what substance the letters, figures\u00a0 or marks are formed, or whether the evidence is intended for, or may be used in a court or\u00a0 not.\u00a0<\/span><\/p>\n

        \n
      1. Forgery\u00a0<\/b><\/li>\n<\/ol>\n

        3.1 Making a false document (Section 335)\u00a0<\/b><\/p>\n

        Section 335 provides conditions when making of false documents could be said to have been\u00a0 made for the purpose of committing a forgery under section 336. Making a false document is\u00a0 one of the crucial ingredients of forgery.\u00a0\u00a0<\/span><\/p>\n

        \u2b9a <\/span>Offence: Making a false document <\/b>\u2013\u00a0<\/span><\/p>\n

        A person engaged in any one of the acts, with fraudulent or dishonest intentions shall\u00a0 be said to have committed offence of making a false document under section 335 of\u00a0 BNS and hence, forgery under section 336 of BNS-<\/span><\/p>\n

          \n
        1. Firstly, when the person dishonestly or fraudulently,\u00a0<\/span><\/li>\n<\/ol>\n

          \u2219 <\/span>Makes, signs, seals, or executes a document or part of a\u00a0\u00a0<\/span><\/p>\n

          document;\u00a0\u00a0<\/span><\/p>\n

          \u2219 <\/span>Makes or transmits any electronic record or part of any\u00a0\u00a0<\/span><\/p>\n

          electronic record;\u00a0\u00a0<\/span><\/p>\n

          \u2219 <\/span>Affixes any electronic signature on any electronic record;\u00a0<\/span><\/p>\n

          \u2219 <\/span>Makes any mark denoting the execution of a document or the\u00a0\u00a0<\/span>authenticity of electronic signature ,\u00a0<\/span><\/p>\n

          \u00a0With the purpose to make everyone believe that such documents or part of document,\u00a0 electronic record or electronic signature was made, signed, sealed, executed, transmitted or\u00a0 affixed by competent lawful authority where person making such false document has\u00a0 knowledge that such document was not made, signed, sealed, executed or affixed by\u00a0 competent authority\u00a0<\/span><\/p>\n

            \n
          1. Secondly, when person without any lawful authority, makes any\u00a0<\/span><\/li>\n<\/ol>\n

            \u2219 <\/span>alteration\u00a0<\/span><\/p>\n

            \u2219 <\/span>cancellation\u00a0<\/span><\/p>\n

            in any document or electronic record or in material part thereof, when\u00a0\u00a0<\/span>such document or an electronic record, already been executed or\u00a0\u00a0<\/span>affixed with electronic signature, to support its legality, authenticity,\u00a0\u00a0<\/span><\/p>\n

            \u2219 <\/span>either by himself or\u00a0<\/span><\/p>\n

            \u2219 <\/span>by any other person (who may or may not be living at the time\u00a0\u00a0<\/span>of such alteration, cancellation)\u00a0<\/span><\/p>\n

            Illustration <\/b>– Z\u2019 will contains this words- \u201cI direct that all my remaining property be equally\u00a0 divided between A, B and C. A dishonestly scratches out B\u2019s name, intending that it may be\u00a0 believed that the whole was left to himself and C. A has committed forgery.\u00a0<\/span><\/p>\n

            iii. Thirdly, when a person, with fraudulent and dishonest intention causes\u00a0 any person to sign, seal, execute or alter a document or an electronic <\/span>record at the time, when such other person was incapable to understand\u00a0 the contents of the document or electronic record or the nature of the\u00a0 \u00a0<\/span>alteration and such incapacity arises due to,\u00a0<\/span><\/p>\n

              \n
            • \u2219 <\/span>Unsoundness of mind, or\u00a0<\/span><\/li>\n
            • \u2219 <\/span>Intoxication, or\u00a0<\/span><\/li>\n
            • \u2219 <\/span>Deception practiced upon him.\u00a0<\/span><\/li>\n<\/ul>\n

              Illustration <\/b>\u2013 A without B\u2019s authority writes a letter and signs it in B\u2019s name certifying to\u00a0 A\u2019s character, intending thereby to obtain employment under Z. A has committed forgery in\u00a0<\/span>as much as he intending to deceive Z by the forged certificate, and thereby to induce Z to\u00a0 enter into an expression or implied contract for service.\u00a0<\/span><\/p>\n

              There are also few more acts commission of which will also be considered as offence of\u00a0 making a false document:\u00a0<\/span><\/p>\n

                \n
              1. Even if a person signs his own real name, it can still be considered as a\u00a0 forgery, if the intent is to deceive or commit fraud.\u00a0\u00a0<\/span><\/li>\n<\/ol>\n

                Example \u2013 Suppose Mr. A signs his own name on a bill of exchange, <\/span>pretending to be another Mr. A (who has the same name) to withdraw\u00a0\u00a0<\/span>money from other person\u2019s account. A has committed forgery.\u00a0<\/span><\/p>\n

                  \n
                1. The making of a false documents in the name of\u00a0<\/span><\/li>\n<\/ol>\n

                  \u2219 <\/span>Fictitious person, intending it to be believe that the document\u00a0\u00a0<\/span>was made by a real person, may amount to forgery.\u00a0<\/span><\/p>\n

                  \u2219 <\/span>Deceased person, intending it to be believe that the document\u00a0\u00a0<\/span>was made by the person in his lifetime, may also amount to\u00a0\u00a0<\/span>forgery.\u00a0<\/span><\/p>\n

                  \u2b9a <\/span>Case laws<\/b>:\u00a0<\/span><\/p>\n

                    \n
                  1. State of Uttar Pradesh v. Ranjit Singh <\/i><\/b>(AIR 1999 SC 1201)\u00a0<\/b><\/li>\n<\/ol>\n

                    Under Section 464, (section 335 of Sanhita) whoever dishonestly or\u00a0\u00a0<\/span>fraudulently makes a document or a part of a document can be said to\u00a0\u00a0<\/span>have made false document. A person is said to do a thing fraudulently <\/span>if he does that thing with intent to defraud but not otherwise. The\u00a0 \u00a0<\/span>expression \u2018defraud\u2019 involves two elements, namely deceit and injury\u00a0\u00a0<\/span>to the person deceived.\u00a0<\/span><\/p>\n

                      \n
                    1. Sheila Sebastian v. R. Jawaharaj <\/i><\/b>[(2018) 7 SCC 581]\u00a0<\/b><\/li>\n<\/ol>\n

                      The definition of \u2018<\/span>false document\u2019 <\/b>is a part of the definition of\u00a0\u00a0<\/span><\/p>\n

                      \u201cforgery\u201d. Both must be read together. \u2018Forgery\u2019 and \u2018Fraud\u2019 are\u00a0\u00a0<\/span>essentially matters of evidence which could be proved as a fact by\u00a0\u00a0<\/span>direct evidence or by inferences drawn from proved facts. A charge of\u00a0 forgery cannot be imposed on a person who is not the maker of the <\/span>false document. Making of document is different from the causing it to\u00a0 be made.\u00a0<\/span><\/p>\n

                      3.2 Forgery (Section 336)<\/b><\/p>\n

                      \u2b9a <\/span>Section 336(1)- \u2018Forgery\u2019 defined<\/b>:\u00a0<\/span><\/p>\n

                      When a person makes any fake, false document or electronic record or part of\u00a0 a document or electronic record with an intentions:\u00a0<\/span><\/p>\n

                      \u2219 <\/span>To cause damage or injury to the public or to any person, or\u00a0\u00a0<\/span><\/p>\n

                      \u2219 <\/span>To support any false claim or title, or\u00a0<\/span><\/p>\n

                      \u2219 <\/span>To cause any person to wrongfully part with property, or\u00a0<\/span><\/p>\n

                      \u2219 <\/span>To enter into any express or implied contract, or\u00a0<\/span><\/p>\n

                      \u2219 <\/span>To commit fraud <\/span>shall be said to have committed Forgery.\u00a0<\/span><\/p>\n

                      \u2714 <\/span>Intention is an essential element of Forgery\u00a0<\/b><\/p>\n

                      The core aspect of the offence under section 336 is the intention to cause\u00a0 damage or injury or fraud. It is immaterial whether such injury, damage, or\u00a0 fraud is actually caused or not.\u00a0<\/span><\/p>\n

                      \u2219 <\/span>Case law: <\/b>Empress v. Dhunum Kazee (9 Cal 53 B)\u00a0<\/i><\/b><\/p>\n

                      Even if a man has a legal claim or title to a property, he is guilty of\u00a0\u00a0<\/span>forgery if he counterfeits documents in order to support it. The court\u00a0\u00a0<\/span>held that a \u2018general intention\u2019 to defraud without intention to causing\u00a0\u00a0<\/span>wrongful gain to one person or wrongful loss to another, would, if\u00a0\u00a0<\/span>proved, be sufficient to support a conviction.\u00a0<\/span><\/p>\n

                      \u2b9a <\/span>Section 336(2) \u2013 Punishment for Forgery:\u00a0<\/b><\/p>\n

                      Any person committing forgery shall be punished with imprisonment of either\u00a0 description for a term which may extend to two years, or with fine, or both. It\u00a0 is a non-cognizable, bailable, non-compoundable and triable by Magistrate of\u00a0 the First class.\u00a0<\/span><\/p>\n

                      \u2b9a <\/span>Section 336(3) \u2013 Forgery for purpose of cheating\u00a0<\/b><\/p>\n

                      If forgery committed with the intention of cheating, it shall be punishable with\u00a0 imprisonment of either description for a term which may extend to seven\u00a0 years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                      \u2b9a <\/span>Section 336(4) \u2013 Forgery for purpose of harming reputation\u00a0<\/b><\/p>\n

                      If the person commits forgery with intention to harm the reputation of any\u00a0 party, or with knowledge that it is likely to be used for that purpose, then, he\u00a0 shall be punished with imprisonment of either description for a term which\u00a0 may extend to three years, and shall also liable to fine.\u00a0<\/span><\/p>\n

                      3.3 Section 337 \u2013 Forgery of record of court or of public register, etc. \u2013 <\/b>\u2b9a <\/span>Offence <\/b>\u2013 A person who forges,<\/span><\/p>\n

                      \u2219 <\/span>A document, or electronic record, purporting to be a record or\u00a0\u00a0<\/span><\/p>\n

                      proceeding of or in a court, or\u00a0\u00a0<\/span><\/p>\n

                      \u2219 <\/span>An identity document issued by Government including Voter identity\u00a0 card or Aadhaar card, or\u00a0\u00a0<\/span><\/p>\n

                      \u2219 <\/span>A register of birth, marriage, or burial, or\u00a0<\/span><\/p>\n

                      \u2219 <\/span>A register kept by a public servant or such, or\u00a0<\/span><\/p>\n

                      \u2219 <\/span>A certificate or document purporting to be made by a public servant in\u00a0 his official capacity, or\u00a0\u00a0<\/span><\/p>\n

                      \u2219 <\/span>An authority to institute or defend a suit, or to take any proceedings\u00a0 therein, or to confess judgment, or a power of an attorney shall be\u00a0\u00a0<\/span><\/p>\n

                      punished under section 337 of BNS.\u00a0<\/span><\/p>\n

                      \u2b9a <\/span>Punishment<\/b>– Imprisonment of either description for a term which may extend\u00a0 to seven years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                      \u2b9a <\/span>Classification of an offence<\/b>– Non-cognizable, non-bailable, non –<\/span>compoundable and triable by Magistrate of the First class.\u00a0<\/span><\/p>\n

                      3.4 Forgery of valuable security, will, etc. (Section338)\u00a0<\/b><\/p>\n

                      \u2b9a <\/span>Offence\u00a0<\/b><\/p>\n

                        \n
                      1. When a person forges any document which purports to be,\u00a0<\/span><\/li>\n<\/ol>\n

                        \u2219 <\/span>A valuable security or a will, or\u00a0<\/span><\/p>\n

                        \u2219 <\/span>An authority to adopt a son, or\u00a0<\/span><\/p>\n

                          \n
                        1. When a person forges any document which purports to give authority to any\u00a0 person\u00a0\u00a0<\/span><\/li>\n<\/ol>\n

                          \u2219 <\/span>To make or transfer any valuable security, or\u00a0<\/span><\/p>\n

                          \u2219 <\/span>To receive the principal, interest, or dividends thereon, or\u00a0<\/span><\/p>\n

                          \u2219 <\/span>To receiver or deliver any money, movable property, or valuable\u00a0\u00a0<\/span><\/p>\n

                          security.\u00a0<\/span><\/p>\n

                            \n
                          1. Forges any document purporting to be\u00a0\u00a0<\/span><\/li>\n<\/ol>\n

                            \u2219 <\/span>An acquaittance or receipt for the delivery of any movable property or\u00a0 valuable security.\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>Punishment- <\/b>Any person committing such forgery shall be punished with\u00a0 imprisonment for life, or with imprisonment of either description for a term which\u00a0 may extend to ten years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>Classification of offence \u2013 <\/b>Non-cognizable, non-bailable, non-compoundable and\u00a0 triable by the Magistrate of the First class. If valuable security is a promissory note of\u00a0 central government, it is cognizable offence.\u00a0<\/span><\/p>\n

                            3.5 Section 339<\/b><\/p>\n

                            \u2b9a <\/span>Offence- <\/b>When any person possess any document described in <\/span>Section 337 <\/b>and\u00a0 <\/span>Section 338<\/b>, knowing it to be forged and intended to use it as genuine shall be\u00a0 punished under section 339 of Sanhita.\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>Punishment \u2013 <\/b>Such person shall be punished with imprisonment of either description\u00a0 for a term which may extend to seven years, and shall also be liable to fine; if\u00a0 document is one of the description mentioned in section 338, shall be punished with\u00a0 imprisonment for life, or with imprisonment of either description, for a term which\u00a0 may extend to seven years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                            3.6 Forged document or electronic record and using it as genuine (Section\u00a0 340)-\u00a0<\/b><\/p>\n

                            \u2b9a <\/span>A false document or electronic record prepared by forgery, whether partly or wholly,\u00a0 such document shall be considered as forged document or electronic record.\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>Offence \u2013 <\/b>When any person knows or has reason to believe that he is currently using\u00a0 are forged document, or if any person fraudulently or dishonestly uses any forged\u00a0 documents or electronic records as genuine, shall be punished in the same manner as\u00a0 if he had forged such document or electronic record.\u00a0<\/span><\/p>\n

                            3.7 Making or possessing counterfeit seal, etc. with intent to commit\u00a0 forgery ( Section 341)-\u00a0<\/b><\/p>\n

                            \u2b9a <\/span>Sub-sections 341(1) and 341(2) deal with counterfeiting of seal with intention to\u00a0 commit forgery. As per this section, when any person counterfeits any seal, plate or\u00a0 other instrument to make forged documents mentioned in section 338 i.e. valuable\u00a0 security, will, other important documents, etc. shall be punished with imprisonment\u00a0 for life, or with imprisonment of either description for a term which may extend to\u00a0 seven years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>Mere possession of any seal, plate or other instrument even after knowing that same\u00a0 instrument shall be used to commit offence of forgery, shall be punished under sub clause 341(3) with imprisonment of either description for a term which may extend to\u00a0 three years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>Using genuine seal, plate or other instrument for committing forgery shall also be\u00a0 punished in the same manner as if offender has counterfeited such seal, plate or\u00a0 instrument.<\/span><\/p>\n

                            3.8 Counterfeiting device or mark used for authenticating documents\u00a0 described in Section 338, or possessing counterfeit marked material\u00a0 (Section 342)\u00a0<\/b><\/p>\n

                            \u2b9a <\/span>Counterfeiting any substance, or any material, or any device or mark which are\u00a0 usually used by legal authorities to authenticate any documents like valuable\u00a0 securities, will, etc. and with the intention to give authenticity to any forged\u00a0\u00a0<\/span><\/p>\n

                            document, shall be punished with imprisonment for life, or with imprisonment of\u00a0 either description for a term which may extend to seven years, and shall also be liable\u00a0 to fine under sub-section 342(1)\u00a0<\/span><\/p>\n

                            \u2b9a <\/span>When any person counterfeit any substance, or any material, or any mark used for\u00a0 authenticating documents or electronic records other than documents described in\u00a0 section 338, to fraudulently authenticate such forged documents, then such offence\u00a0 shall be punished with imprisonment of either description for a term which may\u00a0 extend to seven years, and shall also be liable to fine under sub-section 342(2).\u00a0<\/span><\/p>\n

                            3.9 Fraudulent cancellation, destruction, etc. of will, authority to adopt, or\u00a0 valuable security\u00a0<\/b><\/p>\n

                            \u2b9a <\/span>When any person with fraudulent or dishonest intention or with the intention to cause\u00a0 damage or injury to the public or to any person\u00a0\u00a0<\/span><\/p>\n

                            \u2219 <\/span>Cancels, or\u00a0<\/span><\/p>\n

                            \u2219 <\/span>Destroys , or\u00a0\u00a0<\/span><\/p>\n

                            \u2219 <\/span>Defaces, or\u00a0<\/span><\/p>\n

                            \u2219 <\/span>Secrets, or\u00a0<\/span><\/p>\n

                            \u2219 <\/span>Attempt to cancel, destroy, deface, secret, or\u00a0\u00a0<\/span><\/p>\n

                            \u2219 <\/span>Commits mischief with,\u00a0<\/span><\/p>\n

                            any of the documents mentioned below, i.e.\u00a0\u00a0<\/span><\/p>\n

                              \n
                            1. a) Any document which is or purports to be a will, or\u00a0<\/span><\/li>\n
                            2. b) An authority to adopt a son, or\u00a0\u00a0<\/span><\/li>\n
                            3. c) Any valuable security\u00a0<\/span><\/li>\n<\/ol>\n

                              shall be punished with imprisonment for life, or with imprisonment of either\u00a0 description for a term which may extend to seven years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                              3.10 Falsification of accounts \u2013\u00a0<\/b><\/p>\n

                              \u2b9a <\/span>This section deals with offence of falsification of accounts committed by clerk, officer\u00a0 or servant, or employed or acting in capacity of a clerk, officer or servant.\u00a0<\/span><\/p>\n

                              \u2b9a <\/span>There are two types of acts commission of any of these acts shall be considered as an\u00a0 offence under this section. These acts are,\u00a0<\/span><\/p>\n

                                \n
                              1. When, any person, being a clerk, officer or servant, or employed or acting in\u00a0 the capacity of a clerk, officer or servant, willfully, with the intention to\u00a0 defraud, destroys, alters, mutilates or falsifies any book, electronic record,\u00a0 paper, writing, valuable security or account which belongs to or is in\u00a0 possession of his employer, or has been received by him for or on behalf of his\u00a0 employer, or\u00a0\u00a0<\/span><\/li>\n
                              2. When any person being a clerk, officer or servant, or employed or acting in\u00a0 their capacity, willfully and with intent to defraud, makes, or abets the making\u00a0 of any false entry in, or omits or alters or abets the omission or alteration of\u00a0 any material, particular from or in, any such book, electronic record, paper,\u00a0 writing, valuable security or account.\u00a0<\/span><\/li>\n<\/ol>\n

                                \u2b9a <\/span>Punishment- <\/b>Offender shall be punished with imprisonment of either description for\u00a0 a term which may extend to seven years, or with fine, or with both.\u00a0<\/span><\/p>\n

                                \u2b9a <\/span>In any charge under this section, it is enough to say that there was a general intention\u00a0 to cheat. It is not necessary to mention the name of the person who was meant to be\u00a0 cheated, the exact amount of money involved, or the specific date when the offence\u00a0 was committed.\u00a0\u00a0<\/span><\/p>\n

                                  \n
                                1. Falsification of Property Mark\u00a0<\/b><\/li>\n<\/ol>\n

                                  4.1 Property Mark (Section 345)\u00a0<\/b><\/p>\n

                                  \u2b9a <\/span>Definition of <\/span>\u2018Property Mark\u2019 \u2013\u00a0<\/b><\/p>\n

                                  A mark used for denoting that movable property belongs to a particular person is\u00a0 called a property mark. In simple words, a particular property mark is a symbol, word,\u00a0 or sign put on an object to show whom it belongs to.\u00a0<\/span><\/p>\n

                                  \u2b9a <\/span>Example of property mark<\/b>\u00a0<\/span><\/p>\n

                                  If you write your name or initials on your notebook or put a sticker on your suitcase,\u00a0 that is your property mark \u2013 it shows that the item is yours.\u00a0<\/span><\/p>\n

                                  \u2b9a <\/span>Property mark and trade mark\u00a0<\/span><\/p>\n

                                  Case law: <\/b>Sumat Prasad Jain v. Sheojanam Prasad (1972 AIR 2488) <\/i><\/b>The difference between property mark and trade mark was explained by the Supreme\u00a0 Court in as below:<\/span><\/p>\n

                                  \u2219 <\/span>The function of a trade mark is to give an indication to the purchaser as to the\u00a0 manufacturer or quality of the goods.\u00a0<\/span><\/p>\n

                                  \u2219 <\/span>A property mark, as defined by Section 479 of the Penal Code [Section 345(1)\u00a0 of this Sanhita) means a mark used for denoting that a movable property\u00a0 belongs to a particular person.\u00a0<\/span><\/p>\n

                                  \u2219 <\/span>The former denotes the manufacturer or quality of the goods to which it is\u00a0 attached, and the latter denotes the ownership in them.\u00a0<\/span><\/p>\n

                                  \u2b9a <\/span>Offence-<\/b>Section 345 deals with falsification of property marks. If any person with the\u00a0 intent to defraud, marks any movable property\/ goods\/ case\/ package\/ other receptacle (box, container, vessel, etc.) having any mark on it, in a way, to make everyone\u00a0 believe that such marked property or goods, belong to a certain person , but in actual\u00a0 scenario, such goods do not belong to him. Such dishonest use of property mark shall\u00a0 be an offence under this section.\u00a0\u00a0<\/span><\/p>\n

                                  \u2b9a <\/span>Punishment- <\/b>A person fraudulently using a false property mark shall be punished\u00a0 with imprisonment of either description for a term which may extend to one year, or\u00a0 with fine, or with both.\u00a0<\/span><\/p>\n

                                  4.2 Tampering with property mark with intent to cause injury (Section\u00a0 346)\u00a0\u00a0<\/b><\/p>\n

                                  \u2b9a <\/span>When someone tamper with property mark by removing, destroying, defacing or\u00a0 adding to any property, mark, with intention or with knowledge that such\u00a0 tampering may cause injury to any person shall be punished with imprisonment of\u00a0 either description for a term which may extend to one year, or with fine, or with\u00a0 both. This offence is non-cognizable, bailable, non-compoundable and triable by\u00a0 any Magistrate.\u00a0<\/span><\/p>\n

                                  \u2b9a <\/span>Examples of tampering with property mark\u00a0<\/b><\/p>\n

                                    \n
                                  1. Changing a company logo on machinery to pass it off as your own.\u00a0<\/span><\/li>\n
                                  2. Removing a serial number from a mobile phone or laptop to hide its identity or\u00a0 origin.\u00a0<\/span><\/li>\n
                                  3. Altering a shipping label on a package to divert it to a different address.\u00a0<\/span><\/li>\n
                                  4. Counterfeiting a property marks (Section 347-349) <\/b>5.1 Counterfeiting a property mark<\/b><\/li>\n<\/ol>\n

                                    \u2b9a <\/span>Counterfeiting a property mark used by another person is an offence and it shall be\u00a0 punished with imprisonment of either description for a term which may extend to two\u00a0 years, or with fine, or with both. If such counterfeiting has done with intention to\u00a0 cause damage or injury, it shall be non-cognizable, bailable , compoundable and\u00a0 triable by any magistrate.\u00a0<\/span><\/p>\n

                                    \u2b9a <\/span>Counterfeiting property mark or any mark used by public servant to denote that,\u00a0<\/span><\/p>\n

                                    \u2219 <\/span>Any property has been manufactured by a particular person or at a particular\u00a0 time or place, or\u00a0<\/span><\/p>\n

                                    \u2219 <\/span>The property is of particular quality, or\u00a0<\/span><\/p>\n

                                    \u2219 <\/span>Passed through a particular office, or\u00a0<\/span><\/p>\n

                                    \u2219 <\/span>It is entitled to any exemption\u00a0<\/span><\/p>\n

                                    shall be punished with imprisonment of either description for a term which may\u00a0 extend to three years, or shall also be liable to fine. It is non-cognizable, bailable,\u00a0 compoundable and triable by Magistrate of the First Class.\u00a0<\/span><\/p>\n

                                    5.2 Making or possession of any instrument for counterfeiting a\u00a0 property mark (Section 348)\u00a0<\/b><\/p>\n

                                    If a person makes or possess any die, plate or other instrument either with intention to\u00a0 counterfeit property mark or to use false property mark, shall be punished with\u00a0 imprisonment of either description for a term which may extend to three years, or\u00a0 with fine, or both. This offence is non-cognizable, bailable, non-compoundable and\u00a0 triable by Magistrate of the First Class.\u00a0<\/span><\/p>\n

                                    5.3 Selling goods marked with a counterfeit property mark (Section\u00a0 349)\u00a0<\/b><\/p>\n

                                    \u2b9a <\/span>This section deals with offenders who sell, or expose, or have in their\u00a0 possession for sale any goods or things with a counterfeit property mark\u00a0 affixed to or impressed upon the same. Such offenders shall be punished with\u00a0 imprisonment of either description for a term which may extend to one year,\u00a0 or with fine, or both.\u00a0<\/span><\/p>\n

                                    \u2b9a <\/span>Exceptions to this offence<\/b>\u00a0<\/span><\/p>\n

                                      \n
                                    1. Accused has taken all reasonable precautions against\u00a0\u00a0<\/span><\/li>\n<\/ol>\n

                                      committing an offence the section 349, he had at the time of the\u00a0\u00a0<\/span><\/p>\n

                                      commission of the alleged offence no reason to suspect the\u00a0\u00a0<\/span><\/p>\n

                                      genuineness of the mark; or<\/span><\/p>\n

                                        \n
                                      1. On demand made by or on behalf of the prosecutor, he gave all\u00a0\u00a0<\/span><\/li>\n<\/ol>\n

                                        the information in his power with respect to the persons from\u00a0\u00a0<\/span><\/p>\n

                                        whom accused obtained such goods or things; or\u00a0<\/span><\/p>\n

                                          \n
                                        1. He had otherwise acted innocently.\u00a0<\/span><\/li>\n<\/ol>\n

                                          \u2b9a <\/span>Case law- <\/b>Shantilal Uttamram Mehta v. Dhanji Kanji Shah\u00a0<\/i><\/b><\/p>\n

                                          \u00a0<\/i><\/b>(AIR 1961 Bom 203)\u00a0<\/span><\/p>\n

                                          The accused was in possession of biscuits for sale. The design on\u00a0\u00a0<\/span><\/p>\n

                                          the wrappers in which the three verities of biscuits were pocketed,\u00a0\u00a0<\/span><\/p>\n

                                          were counterfeit of the design of the \u201cParle Glucose\u201d Biscuits. The\u00a0\u00a0<\/span><\/p>\n

                                          Bombay High Court held the accused guilty for the offence under\u00a0\u00a0<\/span><\/p>\n

                                          Section 486 (Section 349 of this Sanhita)\u00a0<\/span><\/p>\n

                                            \n
                                          1. Making a false mark upon any receptacle containing goods\u00a0 (Section 350)\u00a0<\/b><\/li>\n<\/ol>\n

                                            \u2b9a <\/span>This section deals with false marking on boxes, packages, or containers\u00a0 that hold goods , in a way meant to mislead someone, especially a\u00a0\u00a0<\/span>public servant ( like customs, police, food inspectors) or any other\u00a0\u00a0<\/span>person (like a buyer or customer)\u00a0<\/span><\/p>\n

                                            \u2b9a <\/span>According to this section, if someone makes a false mark (label, <\/span>stickers, brand, etc.) on a box or container that,\u00a0<\/span><\/p>\n

                                            \u2219 <\/span>Pretends the box has something it doesn\u2019t have, or\u00a0<\/span><\/p>\n

                                            \u2219 <\/span>Hides the fact that the box has something, or\u00a0<\/span><\/p>\n

                                            \u2219 <\/span>Lies about the quality or type of what\u2019s inside\u00a0<\/span><\/p>\n

                                            then he shall be punished with imprisonment which may extend up\u00a0\u00a0<\/span>to three years, or fine, or both.\u00a0<\/span><\/p>\n

                                            \u2b9a <\/span>If anyone uses such false mark, even if they didn\u2019t make it, they can\u00a0 punish same way.\u00a0<\/span><\/p>\n

                                            \u2b9a <\/span>But, if the person can prove they had no intention to cheat or defraud,\u00a0 then they may not be punished.\u00a0<\/span><\/p>\n

                                            \u2b9a <\/span>Illustrations<\/b>\u00a0<\/span><\/p>\n

                                              \n
                                            1. A man hides drugs inside a box and puts a \u2018Rice- 10kg\u2019 label\u00a0 <\/span>on it to mislead custom officers. This is offence under section\u00a0 350.<\/li>\n<\/ol>\n
                                                \n
                                              1. A seller packs low-quality spices in a bag but marks it as\u00a0\u00a0<\/span><\/li>\n<\/ol>\n

                                                \u2018Premium Organic Masala\u2019. This is deceiving the buyer about\u00a0\u00a0<\/span>quality. Hence, it is an offence under section 350.\u00a0<\/span><\/p>\n

                                                \u00a0\u00a0<\/span><\/p>\n

                                                \u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                                Author: Sakshi Patil Introduction\u00a0 Chapter XVIII of the Bharatiya Nyaya Sanhita, 2023 focuses on offences that involve\u00a0 dishonest or fraudulent acts connected with documents and property marks. This includes the\u00a0 creation of false documents, forgery, use of forged documents, and tampering with marks that\u00a0 indicate ownership or origin of property. These offences directly affect the […]<\/p>\n","protected":false},"author":1,"featured_media":5529,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[199],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5576"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5576"}],"version-history":[{"count":4,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5576\/revisions"}],"predecessor-version":[{"id":5580,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5576\/revisions\/5580"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5529"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5576"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5576"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5576"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}