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.
Simplified Explanation
Section 348 of the Bharatiya Nyaya Sanhita 2023 addresses the making or possession of instruments used for counterfeiting a property mark. It establishes penalties for individuals who create or possess tools or marks for fraudulent purposes.
Key Provisions of Section 348:
Making or Possessing Instruments for Counterfeiting Property Marks:
- A person who:
- Makes or possesses any die, plate, or instrument with the intent to counterfeit a property mark, or
- Possesses a property mark with the intent to falsely denote that goods belong to someone they do not belong to,
- Shall be punished with:
- Imprisonment of either description for a term which may extend to three years,
- Or a fine, or
- Both imprisonment and fine.
Summary:
This section criminalizes the act of creating or possessing instruments that are used for the counterfeiting of property marks. It specifically targets tools or marks intended for fraudulent use, such as marking goods as belonging to someone else.
Punishments:
- The penalty for making or possessing such instruments is up to three years of imprisonment, a fine, or both.
Purpose:
Section 348 seeks to prevent the creation or use of tools that facilitate the counterfeiting of property marks, thus protecting the authenticity of property and goods. It addresses the broader issue of fraudulent marking, which can lead to misrepresentation of ownership and mislead consumers or stakeholders regarding the origin or ownership of goods.
