Bharatiya Nyaya Sanhita, 2023
Section 346 BNS: Tampering With Property Mark With Intent to Cause Injury
Section 346 BNS punishes a person who removes, destroys, defaces or adds to a property mark with the intention of causing injury to another person, or with knowledge that such injury is likely to be caused.
Meaning of "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.
Section 346 should therefore be read together with Section 345 when identifying the kind of mark protected by the offence.
Acts Covered by Section 346
- removing a property mark;
- destroying a property mark;
- defacing a property mark; or
- adding to a property mark.
The section is not limited to complete destruction of the mark. Altering it by addition is expressly included.
Intent or Knowledge of Likely Injury
The act must be accompanied either by an intention to cause injury to a person or by knowledge that it is likely that injury may thereby be caused.
Accidental damage, ordinary wear, or an innocent alteration does not by itself satisfy the complete statutory test unless the required intention or knowledge is established.
Essential Ingredients of Section 346 BNS
- there must be a property mark within the meaning of Section 345;
- the accused must remove, destroy, deface or add to that property mark; and
- the accused must intend to cause injury to a person, or know that injury is likely to be caused by the tampering.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Section 346 BNS | Imprisonment of either description up to 1 year, or fine, or both | No | Yes | Any Magistrate |
Difference Between Section 345 and Section 346 BNS
Section 345 defines a property mark and a false property mark and punishes use of a false property mark. Section 346, by contrast, punishes tampering with an existing property mark by removing, destroying, defacing or adding to it with the required intent or knowledge of likely injury.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What does Section 346 BNS punish?
Removing, destroying, defacing or adding to a property mark with intent to cause injury, or knowledge that injury is likely to result.
What is the punishment under Section 346?
Imprisonment up to one year, or fine, or both.
Is Section 346 cognizable?
No. It is non-cognizable.
Is Section 346 bailable?
Yes. It is bailable.
Which court can try Section 346?
Any Magistrate.
This page provides general legal information. Application of Section 346 depends on whether the mark is a property mark under Section 345, the nature of the alleged tampering, the intent or knowledge concerning injury, and the evidence in the individual case.