Section 345 BNS – Section 345 of New Bharatiya Nyaya Sanhita

Section 345 of the Bharatiya Nyaya Sanhita (BNS) addresses the offence of counterfeiting a property mark. This section outlines the legal repercussions for individuals involved in the act of making, possessing, or selling goods marked with a counterfeit property mark.

Key Provisions of Section 345

1. Counterfeiting a Property Mark: This involves creating a false mark that resembles a legitimate property mark, intending to deceive or mislead consumers regarding the authenticity of goods.
2. Making or Possession of Instruments for Counterfeiting: Individuals found in possession of tools or instruments intended for the purpose of counterfeiting property marks are also liable under this section.
3. Selling Counterfeit Goods: The act of selling goods that bear a counterfeit property mark is explicitly prohibited, ensuring that consumers are protected from fraud.

Context and Implications

The introduction of Section 345 reflects a broader effort within the BNS to modernize and enhance the legal framework surrounding property rights and consumer protection in India. By including specific provisions against counterfeiting, the BNS aims to deter fraudulent activities that undermine market integrity and consumer trust. This section is part of a larger legislative effort to replace the Indian Penal Code (IPC) and introduce new definitions and penalties for various offences, thereby updating the legal landscape in India to better address contemporary issues, including those related to intellectual property and consumer rights.

How does Section 345 of the BNS differ from the corresponding section in the Indian Penal Code

Section 345 of the Bharatiya Nyaya Sanhita (BNS) differs from the corresponding Section 481 of the Indian Penal Code (IPC) in a few key ways:

1. Definition of Property Mark: The BNS provides a more detailed definition of a property mark as “a mark used for denoting that movable property belongs to a particular person”. The IPC does not include this explicit definition.
2. Scope: The BNS covers a broader scope, including marking any movable property, goods, cases, packages or receptacles in a way that misleads about ownership. Section 481 IPC focuses more narrowly on fraudulently marking property to make it appear government property.
3. Punishment: The maximum punishment under Section 345 BNS is imprisonment up to 1 year or fine or both. Section 481 IPC prescribes a maximum punishment of 3 years imprisonment, a fine, or both.
4. Burden of Proof: The BNS places the burden of proof on the accused to show they acted without intent to defraud. The IPC does not explicitly state this.
5. Terminology: The BNS uses more modern terminology like “imprisonment of either description” compared to the older phrasing in the IPC. It also avoids outdated terms like “Government property” used in Section 481.

In summary, while covering similar ground, Section 345 BNS provides a more comprehensive definition, broader scope, reduced punishment, and shifts the burden of proof compared to the corresponding Section 481 in the Indian Penal Code. The changes align with the overall modernization goals of the new Bharatiya Nyaya Sanhita.