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Section348
The Bharatiya Nyaya Sanhita, 2023

Making or possession of any instrument for counterfeiting a property mark

In force From 01 Jul 2024 Act 45 of 2023 As on 15 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 348 of the Bharatiya Nyaya Sanhita, 2023 deals with making or possession of any instrument for counterfeiting a property mark. Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of eithe The Act came into force on 01 Jul 2024.

Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 348, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 485 Making or possession of any instrument for counterfeiting a property mark Text carried over almost unchanged 97%

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 The repealed enactment still governs what happened while it was in force.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.

OffencePunishment CognizableBailableTriable by
Fraudulently making or having possession of any die, plate or other instrument for counterfeiting any public or private property mark. Imprisonment for 3 years, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class.

The Bharatiya Nagarik Suraksha Sanhita, 2023

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.

  1. Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC

    ADDL. CHIEF JUDICIAL MAGISTRATE, MAZGAON 24 Oct 2013 Persuasive (District Court - Metropolitan Magistrate)

    Decided under Indian Penal Code 485, which this section replaces. The court did not have this Act before it.

    Court's Decision & Legal Precedent

    To secure conviction under Sections 483, 485, 486, 487 of IPC and Sections 103, 104 of Trade Mark Act and Section 63 of Copyright Act, the prosecution must prove: (1) that the trade mark or copyright is registered with statutory authorities; (2) that the property was properly seized from the accused with adherence to procedural requirements including panch witness corroboration and accused's signature on seizure memo; (3) that the accused was present and identified at the time of seizure; (4) that the property was properly labeled, numbered and sealed; (5) that specific individuals were deceived and induced to purchase duplicate products; and (6) that the accused was involved in making or possessing counterfeit marks or instruments. Failure to prove any of these essential ingredients results in acquittal.

    On this section: Possession of instrument for counterfeiting mark - Court found no evidence of accused possessing any die, plate or other instrument for counterfeiting

    Read the full order on eCourts India

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 348

What have the courts held on Section 348 of the Bharatiya Nyaya Sanhita?

Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC (24 Oct 2013) is the leading judgment on this section among those set out below, though it was decided under IPC 485, which this section replaced -- the court never mentioned this Act: Possession of instrument for counterfeiting mark - Court found no evidence of accused possessing any die, plate or other instrument for counterfeiting.

Is Section 348 of the Bharatiya Nyaya Sanhita bailable?

Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 348 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 Magistrate of the first class.

How do I find court cases under Section 348 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 348, section 348 BNS, section 348 of the Bharatiya Nyaya Sanhita. People searching for it also type bnss 348 section and bnss 348 in crpc. 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 Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC (24 Oct 2013).

What should I read with Section 348 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 485 (Making or possession of any instrument for counterfeiting a property mark), so the judgments decided under that provision are the case law on this one.

When did Section 348 of the Bharatiya Nyaya Sanhita come into force?

Section 348 of the Bharatiya Nyaya Sanhita, cited as BNS 348, 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

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.