(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.
Simplified Explanation
Section 347 of the Bharatiya Nyaya Sanhita 2023 deals with counterfeiting property marks and establishes the penalties for creating or using counterfeit marks, particularly when those marks belong to others, including public servants.
Key Provisions of Section 347:
(1) Counterfeiting Property Mark (General):
- A person who counterfeits any property mark used by another person (i.e., replicating or forging the mark) shall be punished with:
- Imprisonment of either description for a term which may extend to two years, or
- A fine, or
- Both imprisonment and fine.
(2) Counterfeiting Property Mark Used by Public Servant:
- If the property mark counterfeited is used by a public servant or represents an official symbol used by public servants to:
- Denote the origin, time, place of manufacture, or quality of property.
- Indicate that the property has passed through a particular office or qualifies for an exemption.
- The person who counterfeits such a mark or uses it knowing it is counterfeit will be punished with:
- Imprisonment of either description for a term which may extend to three years, and
- A fine.
Summary:
Section 347 criminalizes the act of counterfeiting property marks, including both general property marks and those used by public servants for official purposes. The section distinguishes between the general counterfeiting of property marks and the more serious offense of counterfeiting marks that carry official or regulatory significance.
Punishments:
- For general counterfeiting of a property mark: The punishment can be up to two years in prison, a fine, or both.
- For counterfeiting official or public servant marks: The punishment is more severe, extending up to three years in prison, with a fine.
Purpose:
This provision aims to protect authentic property marks, especially those associated with the authenticity or regulatory status of property. It targets both the counterfeiting of property marks to deceive or mislead others and the misuse of such marks for fraudulent purposes, particularly when public servants or official endorsements are involved.
