Of property marksCentral

Section 345 of The Bharatiya Nyaya Sanhita, 2023

(1)A mark used for denoting that movable property belongs to a particular person is called a property mark.
(2)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.
(3)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.

Summary

Defines a property mark as a sign used to show that movable property, which is an item that can be moved, belongs to a specific person.
Explains that using a false property mark involves marking goods or their containers to trick others into believing the owner is someone else.
Covers both the marking of the goods themselves and the use of marked packages or cases.
Punishes the use of these false marks with jail time, a fine, or both.
Provides a way for a person to be found not guilty if they can prove they did not intend to cheat anyone.

1Vikram makes custom cricket bats and carves a unique "V" on the handle to show he made them.

2Anita buys generic bags and attaches a fake tag from a famous luxury brand to make people think they are high-end items.

1. What is the meaning of a property mark under Section 345 of the Bharatiya Nyaya Sanhita, 2023?

It is a mark used to show that a movable item belongs to a specific person.

2. What is the punishment for using a fake property mark under Section 345 of the Bharatiya Nyaya Sanhita, 2023?

A person can be punished with up to one year in prison, a fine, or both.

3. Can I be charged under Section 345 of the Bharatiya Nyaya Sanhita, 2023, if I marked a container instead of the item itself?

Yes, because the law includes marking any case, package, or receptacle used to hold goods.

Q1.Under Section 345 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum prison sentence for using a false property mark?

Q2.How does Section 345 of the Bharatiya Nyaya Sanhita, 2023, describe a "property mark"?

Q3.According to Section 345 of the Bharatiya Nyaya Sanhita, 2023, what is a valid defense against a charge of using a false property mark?

Q4.Does Section 345 of the Bharatiya Nyaya Sanhita, 2023, apply to marks placed on packages?