IPC Section 489 and BNS Section 346: Tampering with a Property Mark
Removing, destroying, defacing or altering a property mark can be a criminal offence when done with the intention of causing injury to another person, or with knowledge that injury is likely. The earlier law was Section 489 of the Indian Penal Code, 1860; the corresponding current law is Section 346 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Current law: Section 346, Bharatiya Nyaya Sanhita, 2023.
Earlier law: Section 489, Indian Penal Code, 1860.
Maximum punishment: Imprisonment of either description up to one year, or fine, or both.
Effective date of BNS: 1 July 2024.
What does Section 346 of the BNS provide?
Section 346 addresses tampering with a property mark with intent to cause injury. Its operative provision states:
Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
The wording substantially carries forward the rule previously contained in IPC Section 489. See the official BNS text on India Code and the NCRB IPC-BNS correspondence table.
Meaning of a property mark under Section 345 BNS
Section 345(1) BNS defines a property mark as a mark used for denoting that movable property belongs to a particular person. It may identify ownership of movable goods or packages rather than simply advertise a commercial brand.
Section 345(2) BNS explains the use of a false property mark: marking goods or their containers, or using a marked container, in a way reasonably calculated to cause others to believe that the property belongs to someone to whom it does not belong.
Section 346 concerns interference with a property mark where the necessary intent or knowledge of likely injury is present. It is distinct from counterfeiting a mark or selling goods bearing counterfeit marks, which are addressed by other provisions.
Essential ingredients of the offence
- Existence of a property mark: A mark identifies movable property as belonging to a particular person.
- Prohibited conduct: The accused removes, destroys, defaces or adds to that mark.
- Required mental element: The accused intends to cause injury to any person, or knows that injury is likely to result.
- Connection to injury: The intended or likely injury arises from the tampering. Proof of completed injury is not expressly made an essential condition by the section.
Punishment under IPC Section 489 and BNS Section 346
| Provision | IPC Section 489 (earlier) / BNS Section 346 (current) |
|---|---|
| Conduct | Removing, destroying, defacing or adding to a property mark with the prescribed intent or knowledge |
| Imprisonment | Either description, up to one year |
| Fine | Fine may be imposed |
| Combined punishment | Imprisonment and fine may both be imposed |
The section does not prescribe a fixed minimum term of imprisonment or a fixed fine amount. Actual sentencing depends on the facts and the applicable law.
Practical examples
- Removing ownership identification: A person deliberately removes another person's ownership stamp from machinery to facilitate its wrongful transfer.
- Altering warehouse markings: A person changes ownership markings on stored goods, knowing that doing so is likely to prejudice the true owner.
- Accidental damage: A mark is unintentionally damaged during ordinary handling, without intention or knowledge of likely injury. Such facts do not, by themselves, establish the mental element required by Section 346.
These are illustrative scenarios. Whether an offence is proved depends on the evidence and the legal requirements in the particular case.
IPC Section 489 versus BNS Section 346
The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code as the principal substantive criminal law from 1 July 2024. Section 346 BNS corresponds to Section 489 IPC, as confirmed by the National Crime Records Bureau. The central description of the prohibited conduct and maximum punishment remains the same.
For conduct before 1 July 2024, the IPC and applicable repeal-and-savings provisions may remain relevant. For conduct on or after that date, Section 346 BNS is the starting point. The date of the alleged act and any applicable transitional provisions must be considered.
Related property-mark provisions
Section 345 BNS defines property marks and false property marks; Section 347 deals with counterfeiting property marks; Section 348 addresses instruments used for counterfeiting; Section 349 addresses selling goods bearing counterfeit marks; and Section 350 addresses false marks on receptacles containing goods. These offences have different elements and should not be treated as interchangeable.
Frequently asked questions
What is Section 489 of the IPC?
It punished removing, destroying, defacing or adding to a property mark with intent to cause injury or knowledge that injury was likely.
Which BNS section corresponds to IPC Section 489?
Section 346 of the Bharatiya Nyaya Sanhita, 2023, corresponds to former IPC Section 489.
What is the punishment under BNS Section 346?
Imprisonment of either description for up to one year, or a fine, or both.
Is accidental damage to a property mark automatically an offence?
No. The statutory provision requires intention to cause injury or knowledge that injury is likely; the facts and evidence matter.
What is a property mark?
Under BNS Section 345(1), it is a mark used to denote that movable property belongs to a particular person.
Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023 (official PDF), Sections 345 and 346.
- National Crime Records Bureau - BNS and IPC section correspondence.
- India Code - Government of India legislative database.
This article is general legal information and does not replace advice based on the facts of a particular matter.