Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall 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 346 of the Bharatiya Nyaya Sanhita 2023 addresses tampering with property marks and the legal consequences of doing so with intent to cause injury to any person. This section specifically targets the unlawful alteration or manipulation of property marks that can cause harm or damage to an individual or their property.
Key Provisions of Section 346:
(1) Tampering with Property Mark:
- A person is guilty if they:
- Remove, destroy, deface, or add to any property mark on movable property or goods.
- The intent or knowledge must be that such tampering is likely to cause injury to someone.
(2) Punishment for Tampering with Property Mark:
- If someone is found guilty of tampering with a property mark with the intention or knowledge of causing harm, the punishment is:
- Imprisonment of either description for a term which may extend to one year, or
- A fine, or
- Both imprisonment and fine.
Summary:
Section 346 makes it an offense to tamper with a property mark (whether by removing, destroying, defacing, or adding to it) with the intent or knowledge that the action may result in injury to someone. This action can cause harm to the rightful owner of the property, or damage the value or authenticity of the property.
Punishment:
- The offender can face up to one year in prison, a fine, or both, depending on the circumstances and evidence presented.
Purpose:
This provision serves to prevent the alteration or manipulation of property marks that could lead to misleading ownership claims or harm to individuals’ property rights. It ensures the integrity of ownership markings on movable property, which helps maintain clear and fair property transactions and avoids unlawful interference.
