Code: Section 346 BNS
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.
Explanation of Section 346 BNS
Section 346 of the Bharatiya Nyaya Sanhita (BNS) deals with the tampering of property marks. A property mark is an identifier used to denote ownership of movable property. This section criminalizes any act of removing, destroying, defacing, or altering a property mark with the intent to cause harm or knowing that such an act is likely to cause harm.
The key element here is the intention or knowledge that the act may lead to injury. The section ensures that the integrity of property marks is maintained, protecting property owners from fraud, misrepresentation, or harm arising from such tampering.
Illustration
Example 1: Tampering to Commit Fraud
A person removes the brand label from a package of expensive electronics and replaces it with a fake label to sell it as a high-end product. This could mislead buyers, causing financial loss. Under Section 346, this person could be punished if it’s proven they intended to cause harm.
Example 2: Defacing a Property Mark Out of Malice
A person defaces a neighbor’s car with graffiti over the license plate, intending to damage the neighbor’s reputation or cause inconvenience. If this action is done with the knowledge that it may cause injury, it could fall under this section.
Common Questions and Answers on Section 346 BNS
1. What does Section 346 of the BNS prohibit?
- Answer: It prohibits the removal, destruction, defacement, or alteration of any property mark with the intent or knowledge that it may cause harm to another person.
2. What kind of injury does this section refer to?
- Answer: The injury can be physical, financial, or reputational, depending on the context of the tampering.
3. What are the penalties for tampering with a property mark?
- Answer: The punishment can be imprisonment for up to one year, a fine, or both.
4. Does the section apply if the tampering was accidental?
- Answer: No, the section applies only if there was an intention or knowledge that the act would likely cause harm.
Conclusion
Section 346 of the Bharatiya Nyaya Sanhita (BNS) is designed to safeguard the integrity of property marks and prevent fraudulent activities or harm caused by tampering. By criminalizing such actions, the law promotes fairness in property transactions and protects individuals from potential harm.
