Section 348 BNS – Section 348 of New Bharatiya Nyaya Sanhita

Section 348 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of making a false mark upon any receptacle containing goods. This section is part of Chapter XIX, which deals with various offenses related to criminal intimidation, insult, annoyance, and defamation.

Key Provisions of Section 348

• Offense Defined: The section criminalizes the act of making or possessing any instrument intended for counterfeiting a property mark. This includes the creation or possession of dies, plates, or any other instruments that can be used to forge property marks.
• Intent: The provision emphasizes that the act must be done with the intent to deceive or mislead regarding the authenticity of the goods.
• Legal Consequences: Individuals found guilty of violating this section may face penalties as prescribed under the BNS, which consolidates and amends the provisions relating to various offenses in India.

This section reflects a significant update in the legal framework concerning property marks and counterfeiting, aiming to enhance the integrity of goods and protect consumers from fraudulent practices.

How does Section 348 BNS compare to Section 348 of the Indian Penal Code

Section 348 of the Bharatiya Nyaya Sanhita (BNS) and Section 348 of the Indian Penal Code (IPC) address different offenses, reflecting the shift in legal framework with the introduction of the BNS.

Section 348 BNS

• Content: This section pertains to the making or possession of any instrument for counterfeiting a property mark. It aims to prevent fraud related to property marks, which are used to indicate ownership or authenticity of goods.
• Intent: The focus is on the intent to deceive, which is critical in establishing the offense.
• Legal Framework: It is part of a broader effort to modernize and consolidate criminal law in India, replacing the IPC.

Section 348 IPC

• Content: The IPC’s Section 348 deals with wrongful confinement to extort a confession or compel a person to do something. This section addresses the unlawful restraint of an individual, particularly in the context of coercion.
• Intent: The emphasis is on the wrongful confinement and the intent to extort or compel, which is fundamentally different from the focus on counterfeiting in the BNS.

Comparison

• Nature of Offense: The BNS focuses on property-related fraud, while the IPC’s Section 348 addresses personal liberty and coercion.
• Legal Evolution: The replacement of the IPC with the BNS signifies a shift towards a more comprehensive approach to criminal law, with specific provisions targeting contemporary issues like counterfeiting.
• Penalties and Enforcement: While both sections entail penalties, the BNS introduces updated legal definitions and consequences tailored to modern legal standards, reflecting changes in societal norms and economic activities.

This comparison highlights the distinct legal focuses of the two sections, illustrating the broader transformation in India’s criminal justice system with the enactment of the BNS.