Bharatiya Nyaya Sanhita 2023
Of Property marks :
Section 345 :
Property marks :
(See section 481, 482 of IPC 1860)
Section : 345(3)
Classification of Offence:
Offence : Using a false property mark with intent to deceive or injure any person.
Punishment : Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person to whom loss or injury is caused by such use.
By Which Court Triable : Any Magistrate.
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(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.
Indian Penal Code 1860 (IPC 1860)
Section 481 :
Using a false property mark:
(See section 345(2) of BNS 2023)
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.
Section 482 :
Punishment for using a false property mark:
(See section 345(3) of BNS 2023)
Classification of Offence:
Offence: Using a false property mark with intent to deceive or injure any person.
Punishment :Imprisonment for 1 years, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : The person to whom loss or injury is caused by such use.
By Which Court Triable :Any Magistrate
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Whoever uses 1.[***] 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.]
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1. The words “any false trade mark or” omitted by Act 43 of 1958, s. 135 and the Sch. (w.e.f. 25-11-1959).