Counterfeiting a property mark
Section 347 of the Bharatiya Nyaya Sanhita, 2023 deals with counterfeiting a property mark. Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The Act came into force on 01 Jul 2024.
(1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Section 347, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 483 Counterfeiting a property mark used by another Close, with changes 84%
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 The repealed enactment still governs what happened while it was in force.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. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Counterfeiting a property mark used by another, with intent to cause damage or injury. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property. | Imprisonment for 3 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
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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J.lalitha vs The Superintendent of Police
Decided under Indian Penal Code 484, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court cannot direct the police to alter an FIR by adding additional sections of the Indian Penal Code without evidence of the commission of those offences. The police must gather evidence before filing an alteration report, and it is within the police's discretion to determine when and whether to file such a report based on the evidence collected during investigation.
On this section: Theft - sought to be added by petitioner but court declined to direct its addition
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 347
What have the courts held on Section 347 of the Bharatiya Nyaya Sanhita?
J.lalitha vs The Superintendent of Police (17 Jul 2018) is the leading judgment on this section among those set out below, though it was decided under IPC 484, which this section replaced -- the court never mentioned this Act: Theft - sought to be added by petitioner but court declined to direct its addition.
Is Section 347 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 347 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 347 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 347, section 347 BNS, section 347 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 347 1 and bns 347 2 in hindi. 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 J.lalitha vs The Superintendent of Police (17 Jul 2018).
What should I read with Section 347 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 483 (Counterfeiting a property mark used by another), so the judgments decided under that provision are the case law on this one.
When did Section 347 of the Bharatiya Nyaya Sanhita come into force?
Section 347 of the Bharatiya Nyaya Sanhita, cited as BNS 347, 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 14 Oct 2026. This page is not a substitute for legal advice.