Property mark
Section 345 of the Bharatiya Nyaya Sanhita, 2023 deals with property mark. A mark used for denoting that movable property belongs to a particular person is called a property mark. The Act came into force on 01 Jul 2024.
(1) A mark used for denoting that movable property belongs to a particular person is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 345, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 479 Property mark Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Using a false property mark with intent to deceive or injure any person. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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United India Insurance Co. LTD vs Ajay Sinha
Decided under Indian Penal Code 479, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a dispute before the Permanent Lok Adalat involves the determination of whether a non-compoundable criminal offence has been committed, the Permanent Lok Adalat lacks jurisdiction to entertain such dispute, notwithstanding that the pecuniary value of the claim falls within its jurisdictional limit of Rs. 10 lakhs. The phrase 'relating to an offence' in the first proviso to Section 22-C(1) of the Legal Services Authorities Act, 1987 must be interpreted broadly to exclude cases where the resolution of the civil dispute depends on determining whether a non-compoundable offence has occurred.
On this section: Relate to burglary and theft; cited as non-compoundable offences
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 345
What have the courts held on Section 345 of the Bharatiya Nyaya Sanhita?
United India Insurance Co. LTD vs Ajay Sinha (13 May 2008) is the leading judgment on this section among those set out below, though it was decided under IPC 479, which this section replaced -- the court never mentioned this Act: Relate to burglary and theft; cited as non-compoundable offences.
Is Section 345 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 345 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 345 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 345, section 345 BNS, section 345 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 345(3) and 345 bns in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with United India Insurance Co. LTD vs Ajay Sinha (13 May 2008).
What should I read with Section 345 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 479 (Property mark), so the judgments decided under that provision are the case law on this one.
When did Section 345 of the Bharatiya Nyaya Sanhita come into force?
Section 345 of the Bharatiya Nyaya Sanhita, cited as BNS 345, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.