Updated on March 12, 2025 10:13:56 AM
The Clause 345 of BNS defines the offences related to property mark and its false uses. This clause was previously mentioned under the sections 479, 480, 481 and 482 of the Indian Penal Code. This clause deals with the movable property mark and its false use. Property marks serve as a unique identity of a particular movable property and it has a brand identity too. If any person uses that mark that seems like they belong to someone else, it is called a false property mark and it is a punishable offence.
However, using false property marks can also result in imprisonment and penalties for the accused. Until the accused is found not guilty, the claim of Falsification is just a claim. During trial, the accused can get bail with a promise to appear. In this article, we will go through the complete explanation of Forgery according to Clause 345 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.
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Here, is an overview of Clause 345 of BNS given below:
| Offence | Using a False Property Mark |
|---|---|
| Clause under BNS | Clause 345 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 7 years or Fine or Both |
| Triable | Police station/Any Magistrate |
Clause 345 of BNS clearly defines that -
“ (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.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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BNS Clause 345 is an essential disincentive against the fraudulent use of false property marks. The law seeks to protect the integrity of property ownership and stop fraudulent activities by enforcing consequences for such behaviour, such as fines and imprisonment. The bail process also guarantees defendants the right to self-defence in the event that they are charged with fraudulent property markings. Protecting the integrity of property rights is critical to preserving social justice and trust, and Clause 345 is a key component to ensuring this.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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