IPC Section 484: Counterfeiting a Mark Used by a Public Servant - BNS Section 347(2)

Section 484 of the Indian Penal Code, 1860 dealt with counterfeiting specified marks used by public servants, including official property marks and marks certifying the origin, quality, processing or exemption status of property. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 347(2).

Meaning and scope of the offence

Under the former Section 484 IPC and present Section 347(2) BNS, the law addresses counterfeiting a property mark used by a public servant, or a mark used by a public servant to signify that property:

• was manufactured by a particular person;
• was manufactured at a particular time or place;
• has a particular quality;
• has passed through a particular office; or
• is entitled to an exemption.

The provision also covers using such a counterfeit mark as genuine while knowing that the mark is counterfeit.

Relevant legal definitions

Property mark - Section 345(1) BNS

A property mark is a mark used to denote that movable property belongs to a particular person. This definition is important in distinguishing a property mark from other types of labels, certifications or trademarks.

Counterfeiting - Section 2 BNS

The BNS contains a general definition of counterfeiting. Broadly, it concerns causing one thing to resemble another with the intention, or knowledge of the likelihood, that the resemblance will be used to deceive. Exact imitation is not invariably necessary. The specific requirements of Section 347(2) must still be established.

Essential ingredients

• There is a property mark or qualifying official mark used by a public servant.
• The accused counterfeits that mark; or uses a counterfeit qualifying mark as genuine with knowledge that it is counterfeit.
• The mark falls within one of the categories covered by Section 347(2).
• The evidence establishes the relevant conduct and mental element under the statutory wording and general principles of criminal liability.

Illustration: A person fabricates an official inspection mark and applies it to goods to make them appear to have passed through a government inspection office. Depending on the facts and proof, the conduct may attract Section 347(2) BNS.

Punishment under IPC Section 484 and BNS Section 347(2)

For Section 347(2), imprisonment may be simple or rigorous, and the offender is also liable to a fine. The provision does not prescribe a fixed fine amount.

How is Section 347(2) different from Section 347(1)?

Section 347(1) generally concerns counterfeiting a property mark used by another person. Section 347(2) specifically addresses property marks and other specified marks used by public servants, including official marks relating to manufacture, quality, passage through an office or exemption. The latter carries a higher maximum prison term and liability to a fine.

Evidence and legal considerations

Relevant evidence may include the original official mark, the questioned mark, seized goods or packaging, official registers, inspection records, witness testimony, forensic comparisons and records demonstrating knowledge of counterfeiting. The applicable procedure and admissibility rules depend on the date and circumstances of the case.

Official statutory references

• Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (see Sections 345 and 347).
• India Code - Government of India (official repository for central legislation).
• Ministry of Home Affairs (criminal-law commencement notifications and related material).

Frequently asked questions

Disclaimer: This article is for general legal information. The applicable provision, procedural classification and legal outcome depend on the facts, date of the alleged conduct and law governing the proceedings.