(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.
Simplified Explanation
Section 345 of the Bharatiya Nyaya Sanhita 2023 addresses the use of false property marks, specifically regarding movable property and goods. This section aims to prevent fraudulent use of marks that signify ownership of property, ensuring that property or goods are not falsely represented as belonging to someone else.
Key Provisions of Section 345:
(1) Property Mark Definition:
- A property mark is a mark used to indicate that a movable property belongs to a particular person.
(2) Use of False Property Mark:
- False property mark: A person is said to use a false property mark if they:
- Mark movable property or goods, or a case, package, or receptacle containing such property, in a way that misleads others into believing that the property belongs to a person other than the rightful owner.
- Reasonable calculation to deceive: The marking must be such that it is reasonably calculated to deceive or cause others to believe that the property or goods marked belong to a different person.
(3) Punishment for Using False Property Mark:
- Penalty: The person found guilty of using a false property mark shall be punished with:
- Imprisonment of either description for a term which may extend to one year, or
- A fine, or
- Both imprisonment and fine.
- Defence: The person can avoid punishment if they can prove that they acted without intent to defraud.
Summary:
Section 345 makes it an offense to use a false property mark on movable property, goods, or any receptacle containing such items, with the intent or effect of misleading others into believing the property belongs to someone else. This is considered an act of fraudulent misrepresentation of ownership.
Punishment:
- The person convicted under this section faces imprisonment for up to one year, a fine, or both. However, they can avoid punishment if they can demonstrate that they had no intention to defraud.
Purpose:
This section aims to prevent the fraudulent use of property marks that could lead to the wrongful assumption of ownership, protecting individuals and businesses from misrepresentation and possible theft or unfair claims of ownership over movable property. It serves as a deterrent against fraudulent behavior related to the marking of goods or property to deceive others.
