Introduction 

• Property marks are significant in the context of ownership and the protection of property rights.  
• Property marks are symbols or signs used to denote ownership of goods.  
• The Bharatiya Naya Sanhita, 2023 (BNS) addresses various offences related to property marks to protect the rights of property owners and prevent fraudulent activities. 
• This can include symbols, letters, or any other distinctive sign that signifies ownership. 
• Chapter XVIII of BNS states the provisions for the offences related to the property marks under the Sanhita. 

What are Property Marks? 

• According to the BNS, a property mark is defined as any mark used for the purpose of indicating that goods belong to a particular person as per Section 345. The definition of Property marks was earlier defined under Section 479 of Indian Penal Code, 1860 (IPC). 
  • Subsection (2) of section 345 further states that 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.  
    • This subsection was earlier covered separately under Section 481 of IPC  
  • Subsection (3) states that 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. 
    • This subsection was earlier covered under section 482 of IPC. 

Offences Related to Property Marks 

• Tampering Property Marks: 
  • Tampering of property marks means any person 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. 
  • The person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 
  • This is covered under Section 346 of BNS and the same was earlier covered under Section 489 of IPC. 
• Counterfeiting Property Marks: 
  • Counterfeiting property marks involves the unauthorized imitation of a property mark with the intent to deceive or defraud as per Section 347, sub section (1) of BNS. 
  • This offence is punishable with imprisonment which may extend to two years, or with fine, or with both. 
  • The act must be done with the intention to cause confusion or mislead others regarding the ownership of goods. 
    • This provision was earlier covered separately under section 483 of IPC. 
  • Subsection (2) of Section 347 states that 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. 
  • That person shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. 
    • This provision was earlier covered separately under Section 484 of IPC. 
• Possession of Goods with Counterfeit Property Marks: 
  • Possessing goods that bear counterfeit property marks, knowing that they are counterfeit. 
  • The possession must be with the knowledge that the goods are marked falsely. 
  • This provision is covered under Section 348 of BNS which states that 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. 
  • That person shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 
  • This section was earlier covered under Section 485 of IPC. 
• Selling Goods with Counterfeit Property Marks: 
  • Selling goods that bear counterfeit property marks is a serious offence under Section 349 of BNS.  
  • This offence not only affects the original owner but also misleads consumers. 
  • The seller must be aware that the goods are marked with a counterfeit property mark. 
  • The section states that Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves—  
    • That, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; and  
    • That, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or  
    • That otherwise he had acted innocently.  

Be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 

• • This section was earlier covered under Section 486 of IPC. 
• Making Counterfeit Property Marks: 
  • Making a counterfeit property mark refers to the act of applying a forged mark to goods with the intent to misrepresent ownership.  
  • The offender must knowingly use a counterfeit mark. 
  • Section 350 of BNS deals with this offence which states that whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality 
    • 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 three years, or with fine, or with both.  
  • Subsection (2) sWhoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1). 
  • This section was earlier covered under Section 487 of IPC. 

Conclusion 

The offences related to property marks play a crucial role in safeguarding property rights and preventing fraud. Understanding these offences is essential for individuals and businesses to protect their interests and comply with the law. Legal practitioners must be well-versed in these provisions to effectively advise their clients and uphold justice in property-related matters.