Updated on April 01, 2025 09:11:05 AM
Clause 347 of BNS defines the offences related to the offences related to the Counterfeiting a Property Mark, which is previously mentioned under the Section 483 of the India Penal Code. The Property mark used to denote movable property belonging to a particular person. Counterfeiting a property mark can lead to several misunderstandings and damage the goodwill as well. Therefore, protecting a property mark from counterfeiting is very essential.
However, Counterfeiting a property mark can also result in imprisonment and penalties for the accused. Until the accused is found not guilty, the claim of Counterfeiting 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 347 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 347 of BNS given below:
| Offence | Counterfeiting a Property Mark |
|---|---|
| Clause under BNS | Clause 347 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 2 or 3 years or Fine or Both |
| Triable | Police station/Any Magistrate |
Clause 347 of BNS clearly defines that - " (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”
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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One essential component in preventing the illegal practice of property mark counterfeiting is Clause 347 of the BNS. Through the imposition of severe penalties, such as fines and imprisonment, the law seeks to discourage people from participating in dishonest activities that compromise the integrity of property ownership. Furthermore, the bail clause guarantees accused parties the right to a fair trial in conformity with the rules of justice. Achieving the goal of safeguarding individual rights and preserving confidence in business dealings requires upholding the legitimacy of property marks, and Clause 347 is an essential instrument for accomplishing 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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