Bharatiya Nyaya Sanhita 2023
Section 347 :
Counterfeiting a property mark :
(See section 483, 484 of IPC 1860)
Section : 347(1)
Classification of Offence:
Offence : Counterfeiting a property mark used by another, with intent to cause damage or injury.
Punishment : Imprisonment for 2 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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Section : 347(2)
Classification of Offence:
Offence : Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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(1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) 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, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Indian Penal Code 1860 (IPC 1860)
Section 483 :
Counterfeiting a property mark used by another:
(See section 347(1) of BNS 2023)
Classification of Offence:
Offence : Counterfeiting a property mark used by another, with intent to cause damage or injury.
Punishment :Imprisonment for 2 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 counterfeits any 1.[***] property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
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1. The words “trade mark or” omitted by Act 43 of 1958, s. 135 and the Sch. (w.e.f. 25-11-1959).
Section 484 :
Counterfeiting a mark used by a public servant:
(See section 347(2) of BNS 2023)
Classification of Offence:
Offence: Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class
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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, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.]