Practice paper — BNS Chapter XVIII — Of Offences Relating To Documents And To Property Marks
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1.Under Section 335, which of the following acts constitutes making a false document or false electronic record as per clause (A)?
- (A) Dishonestly makes, signs, seals or executes a document or part of a document with intention to cause it to be believed to be made by another.
- (B) Merely printing a document without any dishonest or fraudulent intention.
- (C) Transmitting an electronic record with lawful authority and no dishonest intention.
- (D) Possessing a genuine document without attempting to alter or transmit it.
2.Can a person’s signature of his own name amount to forgery under Section 335?
- (A) No, a person signing his own name can never be guilty of forgery.
- (B) Yes, a man’s signature of his own name may amount to forgery.
- (C) Only if the person signs another person’s name as well.
- (D) Only when the signature is on an electronic record.
3.If a person without lawful authority, dishonestly alters a document after it has been executed by another who is now dead, does Section 335 treat the alteration as forgery?
- (A) No, alteration after the maker’s death is not forgery under Section 335.
- (B) Yes, alteration after execution is forgery even if the original maker is dead.
- (C) Only if the deceased had authorised the alteration before death.
- (D) Yes, but only for physical documents and not electronic records.
4.A executes a document himself and later, without lawful authority and with dishonest intent, alters it in a material part. Under Section 335(B), is this act forgery?
- (A) No, a person cannot commit forgery by altering a document he himself executed.
- (B) Yes, altering a document after execution is forgery even if done by the person who executed it.
- (C) Only if a third party relies on the altered document.
- (D) Yes, but only if the alteration converts the document into an electronic record.
5.What is the punishment for simple forgery under Section 336(2) of the BNS?
- (A) Imprisonment up to seven years and fine
- (B) Imprisonment up to three years and fine
- (C) Imprisonment up to two years, or fine, or both
- (D) Imprisonment up to five years, or fine, or both
6.Under Section 336(4) of the BNS, forgery committed intending that the forged document shall harm the reputation of any party, or knowing it is likely to be so used, attracts:
- (A) Imprisonment up to two years, or fine
- (B) Imprisonment up to seven years and fine
- (C) Imprisonment up to five years, or fine, or both
- (D) Imprisonment up to three years and fine
7.Which statement correctly captures the scheme of punishments within Section 336 of the BNS?
- (A) All forms of forgery are uniformly punishable with two years' imprisonment
- (B) Forgery for the purpose of cheating carries a lesser punishment than forgery to harm reputation
- (C) Simple forgery carries up to two years; forgery intended for cheating carries up to seven years plus fine; forgery intended or likely to harm reputation carries up to three years plus fine
- (D) Forgery to harm reputation carries up to seven years, while forgery for cheating carries up to three years
8.Does the definition of 'register' in Section 337 include lists, data or records maintained in electronic form?
- (A) Yes, the Explanation expressly includes electronic form
- (B) No, the section applies only to physical registers
- (C) Only if the electronic register is printed and certified
- (D) Only if maintained by a Court
9.A person forges a private contract between two private parties (not a public servant) and presents it as genuine. Is this forgery covered by Section 337?
- (A) Yes, any forgery of a document is covered by Section 337
- (B) No, Section 337 lists specific types of records and a private contract is not among them
- (C) Yes, but only if the contract is later used in Court
- (D) No, unless the contract is registered as a government register
10.Which of the following best describes the scope of 'a certificate or document purporting to be made by a public servant in his official capacity' under Section 337?
- (A) The section applies only if the certificate was actually made by the public servant in question
- (B) The section applies even if the document only purports to be made by a public servant, whether or not the public servant actually made it
- (C) The section applies only to identity documents issued by the Government
- (D) The section applies only to registers kept by public servants and not to certificates
11.What are the sentencing options provided under Section 338 for forging a covered document?
- (A) Imprisonment which may extend to ten years and fine
- (B) Imprisonment for life, or imprisonment of either description up to ten years, and fine
- (C) Only imprisonment for life without fine
- (D) Only fine
12.Does forging an acquittance or receipt acknowledging the delivery of movable property fall within Section 338?
- (A) No — Section 338 applies only to valuable securities and wills
- (B) No — acquittances are excluded
- (C) Yes — the provision expressly includes 'an acquittance or receipt for the delivery of any movable property or valuable security'
- (D) Only if the movable property is a valuable security
13.Which of the following best states the statutory sentencing regime in Section 338?
- (A) The only penalty is life imprisonment
- (B) The offender may be punished with life imprisonment, or with imprisonment of either description for a term up to ten years, and also fined
- (C) Maximum punishment is ten years imprisonment; life imprisonment is not provided
- (D) The court may impose only a fine and cannot sentence to imprisonment
14.Which mental elements does Section 339 require to be proved for the offence?
- (A) Knowledge that the document/electronic record is forged and intention that it be fraudulently or dishonestly used as genuine.
- (B) Mere possession of a forged document, without any knowledge or intention.
- (C) Only intention to have the document used as genuine, irrespective of knowledge of forgery.
- (D) Only knowledge that the document is forged, irrespective of any intention to have it used.
15.Under Section 339, what is the maximum punishment where the forged item is of the description mentioned in Section 337?
- (A) Imprisonment for life and fine.
- (B) Only fine, no imprisonment.
- (C) Imprisonment of either description for a term which may extend to seven years, and also liable to fine.
- (D) Imprisonment of up to ten years without fine.
16.Which of the following correctly states the punishment under Section 339 when the forged item is of the description mentioned in Section 338?
- (A) Imprisonment for life only; no lesser term is provided but fine may be imposed.
- (B) Imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- (C) Imprisonment for up to seven years only; life imprisonment is not available.
- (D) Only a fine is prescribed in this case.
17.According to Section 340(1) of the Bharatiya Nyaya Sanhita, 2023, which of the following is designated a "forged document or electronic record"?
- (A) A false document or electronic record made wholly or in part by forgery
- (B) Any document containing untrue statements regardless of creation method
- (C) Only a document that is wholly forged and not partially forged
- (D) Only an electronic record created by forgery
18.A document was forged in part. A person honestly believes it to be genuine and has no reason to suspect forgery; they use it as genuine. Under Section 340, is that person punishable under subsection (2)?
- (A) Yes — any use of a forged document as genuine is punishable
- (B) No — subsection (2) requires that the user knows or has reason to believe it is forged
- (C) Yes — because partial forgery is treated more severely
- (D) Only if the document is an electronic record
19.If a person fraudulently or dishonestly uses a document as genuine but genuinely did not know and had no reason to believe the document was forged, what follows under Section 340(2)?
- (A) They are punished in the same manner as if they had forged the document
- (B) They are liable for a separate fraud offence but not under Section 340(2)
- (C) They are punished only if the document was wholly forged
- (D) They are not punishable under Section 340(2) because the provision requires that the user "knows or has reason to believe" the document is forged
20.Under Section 341 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for a person who makes or counterfeits any seal, plate or other instrument intending that it shall be used to commit a forgery punishable under section 338?
- (A) Imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and also liable to fine
- (B) Imprisonment for a term which may extend to three years, and also liable to fine
- (C) Imprisonment of either description for a term which may extend to seven years only (no life), and also liable to fine
- (D) Only a fine
21.If a person makes or counterfeits a seal intending it be used to commit a forgery punishable under a section of this Chapter other than section 338, what punishment does Section 341 prescribe?
- (A) Imprisonment for life, or imprisonment up to seven years, and fine
- (B) Imprisonment for a term which may extend to three years, and fine
- (C) Imprisonment of either description for a term which may extend to seven years, and also liable to fine
- (D) Only a fine
22.A person fraudulently or dishonestly uses as genuine a seal which he knows or has reason to believe is counterfeit. Under Section 341, how is he to be punished?
- (A) He shall be punished in the same manner as if he had made or counterfeited such seal, plate or instrument
- (B) He shall be punished with imprisonment for up to three years and liable to fine
- (C) He shall only be liable to a fine
- (D) He shall not be punished unless the seal was actually used to commit a forgery
23.What is the maximum punishment under subsection (1) for counterfeiting a device or mark used for authenticating any document described in section 338?
- (A) Imprisonment for a term which may extend to seven years and fine
- (B) Imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and fine
- (C) Imprisonment for life only (no minimum or alternative)
- (D) Only fine
24.Does subsection (2) explicitly cover counterfeit devices or marks used for authenticating electronic records?
- (A) Yes; subsection (2) refers to "any document or electronic record other than the documents described in section 338."
- (B) No; subsection (2) covers only physical documents, not electronic records.
- (C) Only if the electronic record is later converted into a physical document.
- (D) Only if the electronic record is also described in section 338.
25.Which statement correctly distinguishes the punishments between subsection (1) and subsection (2)?
- (A) Both subsections prescribe only fines and no imprisonment.
- (B) Subsection (1) prescribes imprisonment up to seven years, while subsection (2) prescribes imprisonment for life.
- (C) Subsection (1) prescribes only life imprisonment with no alternative term, while subsection (2) prescribes up to seven years.
- (D) Subsection (1) provides for imprisonment for life or imprisonment up to seven years (and fine), whereas subsection (2) provides for imprisonment which may extend to seven years (and fine) but does not provide for life imprisonment.
26.Which of the following types of documents are expressly covered by Section 343 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Only wills
- (B) A will, an authority to adopt a son, or any valuable security
- (C) Only authorities to adopt
- (D) Only valuable securities
27.Which mental states, according to Section 343, make the prohibited acts punishable?
- (A) Only if done fraudulently or dishonestly
- (B) Only if done with intent to cause damage or injury to the public or any person
- (C) Either fraudulently or dishonestly, or with intent to cause damage or injury to the public or any person
- (D) If done negligently
28.If a person cancels a will believing in good faith that the will is invalid, does Section 343 apply to them?
- (A) Yes — cancellation of a will is always an offence under Section 343
- (B) Yes — but only if the person also committed mischief
- (C) No — the section applies only when acts are fraudulent, dishonest, or done with the specified intent
- (D) No — the section applies only to valuable securities
29.Does the phrase "or commits mischief in respect of such document" in Section 343 criminalise mischief done without fraud, dishonesty or the specified intent?
- (A) Yes — any mischief to such documents is punishable regardless of mental state
- (B) No — the mischief is covered only where it is done fraudulently, dishonestly, or with the intent to cause damage or injury
- (C) Yes — but only if the mischief causes public injury
- (D) No — mischief is not mentioned in the section
30.What mental element is required for an offence under Section 344?
- (A) Negligence or carelessness
- (B) Wilfulness alone (no further intent needed)
- (C) Wilfully, and with intent to defraud
- (D) Strict liability (no mens rea required)
31.Which of the following factual situations would fall squarely within Section 344?
- (A) A clerk accidentally deletes an electronic record while performing routine backups
- (B) An employer (owner) alters his own private note-book that never belonged to the employer’s business
- (C) A clerk, employed in that capacity, wilfully and with intent to defraud makes a false entry in his employer’s account
- (D) A stranger tampers with the employer’s books without any employment relationship
32.If the owner/employer of a set of books personally falsifies those books, does Section 344 automatically apply to him?
- (A) No — the section never applies to employers or owners
- (B) Yes — it applies to anyone who falsifies employer’s books
- (C) Only if the prosecution names the person intended to be defrauded
- (D) Yes, but only if the owner was employed or acting in the capacity of a clerk, officer or servant
33.Which of the following, according to Section 345(2), amounts to using a false property mark?
- (A) Affixing a mark to immovable property to show ownership.
- (B) Marking goods with their actual owner's name for identification.
- (C) Using an unmarked package while verbally claiming it belongs to another person.
- (D) Marking movable goods or using a receptacle with a mark in a manner reasonably calculated to cause belief that the goods belong to a person to whom they do not belong.
34.A trader uses a packaging case that bears another person's mark so as to create the belief that the contents belong to that marked person, although they do not. Under Section 345(2), is this use a false property mark?
- (A) No — only affixing a new mark to goods counts as a false property mark.
- (B) No — cases and packages are excluded from the provision.
- (C) Yes — Section 345(2) includes 'uses any case, package or other receptacle having any mark thereon' in a manner reasonably calculated to cause such belief.
- (D) Only if the package is sealed and the contents are misrepresented.
35.If a person simply marks his own movable goods with his name to indicate ownership, is he guilty under Section 345 of using a false property mark?
- (A) Yes — marking any movable property is punishable under Section 345.
- (B) Yes — marking own goods is punishable unless he proves lack of intent.
- (C) No — marking one's own goods is always excused regardless of purpose.
- (D) No — Section 345(2) makes a mark false only when it is used to cause belief that the property belongs to a person to whom it does not belong; marking one's own goods does not meet that element.
36.What is the maximum term of imprisonment prescribed by Section 346?
- (A) Six months
- (B) One year
- (C) Three years
- (D) Seven years
37.Under Section 346, is it necessary that actual injury to a person must occur for the offence to be made out?
- (A) Yes — actual injury must occur
- (B) Yes — only bodily injury counts
- (C) No — intending or knowing it to be likely that injury may thereby occur is sufficient
- (D) No — only damage to the mark itself is required
38.Does Section 346 apply where the act is likely to cause injury only to property (and not to any person)?
- (A) No — the provision speaks of causing injury to any person, so harm only to property is not the focus
- (B) Yes — "injury" in the section includes injury to property
- (C) Yes — any harm (to person or property) brought about by defacing a mark falls within the section
- (D) No — the section applies only if a person is actually injured
39.Under Section 347(1) of the Bharatiya Nyaya Sanhita, 2023, what is the maximum term of imprisonment for counterfeiting any property mark used by any other person?
- (A) Six months
- (B) Two years
- (C) Three years
- (D) Five years
40.A person knowingly uses a counterfeit mark that was originally used by a public servant. Under Section 347(2), what penalty applies?
- (A) Imprisonment up to three years and liable to fine
- (B) Imprisonment up to two years or fine or both
- (C) Imprisonment up to three years without fine
- (D) Only monetary fine
41.Which of the following correctly states the difference between the penalties in Section 347(1) and Section 347(2)?
- (A) (1) prescribes up to three years and mandatory fine; (2) prescribes up to two years and optional fine
- (B) (1) prescribes up to two years and mandatory fine; (2) prescribes up to three years or fine or both
- (C) (1) prescribes up to two years with fine optional; (2) prescribes up to three years and also liable to fine
- (D) (1) prescribes only fine; (2) prescribes imprisonment only
42.Under Section 348 of the Bharatiya Nyaya Sanhita, 2023, which of the following acts is expressly criminalised?
- (A) Making a die, plate or other instrument for the purpose of counterfeiting a property mark
- (B) Making a die for lawful personal use on one's own goods
- (C) Possessing a decorative stamp without intent to counterfeit
- (D) Selling goods with genuine property marks
43.Does Section 348 criminalise having in one's possession a property mark for the purpose of denoting that goods belong to a person to whom they do not belong?
- (A) No — the Section only deals with instruments like dies or plates
- (B) No — possession of a property mark is not mentioned in the Section
- (C) Yes — possession of a property mark for that false purpose is expressly punished
- (D) Yes — but only if the goods themselves are counterfeit
44.A person merely uses an instrument to counterfeit a property mark but does not make it and does not have it in their possession. Under the text of Section 348, is that mere use covered?
- (A) Yes — the Section explicitly punishes any use of an instrument to counterfeit
- (B) Yes — using an instrument is automatically treated as making it under the Section
- (C) No — the Section only addresses sale of counterfeit goods, not instruments
- (D) No — Section 348 punishes making or having in possession for the purpose of counterfeiting; mere use is not mentioned
45.Under Section 349 of the Bharatiya Nyaya Sanhita, which of the following acts is/are expressly made an offence?
- (A) Only selling goods bearing a counterfeit property mark.
- (B) Selling, exposing, or having in possession for sale any goods or things with a counterfeit property mark.
- (C) Only possessing counterfeit property marks (not goods).
- (D) Manufacturing counterfeit property marks.
46.Who bears the burden of proof for the defences listed in Section 349 (such as having taken reasonable precautions or giving supplier information)?
- (A) The prosecution must disprove the defences.
- (B) The court must independently investigate and prove the defences.
- (C) The accused must prove the defences (i.e., 'he proves').
- (D) The investigating police must gather evidence to establish the defences.
47.If a counterfeit property mark is affixed to the package containing goods but not on the goods themselves, does Section 349 apply?
- (A) No — the mark must be on the goods themselves to attract Section 349.
- (B) Yes — the section applies only when the mark is on both goods and package.
- (C) No — the offence applies only to cases where the package is opened.
- (D) Yes — the provision covers marks 'affixed to or impressed upon' the goods or 'to or upon any case, package or other receptacle' in which the goods are contained.
48.Under Section 350(1) of the Bharatiya Nyaya Sanhita, 2023, making a false mark is an offence when placed upon which of the following?
- (A) Any case, package or other receptacle containing goods (as described in the section)
- (B) Any public record or government document
- (C) Any person's body or personal clothing
- (D) Any electronic data or computer file
49.What is the maximum term of imprisonment provided for an offence under Section 350(1)?
- (A) One year
- (B) Three years
- (C) Seven years
- (D) Ten years
50.Does Section 350(1) require that a public servant or other person actually believed the false mark for the offence to be complete?
- (A) Yes; actual belief is a required element
- (B) Yes, but only if the goods are of incorrect quality
- (C) Only if a public servant was deceived
- (D) No; it is sufficient that the mark was 'reasonably calculated to cause' belief
Answer key
Explanations
- 1. (A) Clause (A)(i) of Section 335 describes that dishonestly or fraudulently making, signing, sealing or executing a document with intent to cause it to be believed to be by another amounts to making a false document. The other options lack the dishonest/fraudulent intention or any act described in clause (A).
- 2. (B) Explanation 1 to Section 335 expressly states that a man’s signature of his own name may amount to forgery. The provision gives illustrations showing how signing one’s own name can be used deceptively and thus constitute forgery.
- 3. (B) Clause (B) of Section 335 makes it forgery to dishonestly or fraudulently alter a document after it has been executed, whether the person who executed it is living or dead at the time of alteration. The clause applies to documents and electronic records alike.
- 4. (B) Section 335(B) expressly includes alteration of a document after it has been made or executed by himself or by any other person as forgery when done without lawful authority and dishonestly or fraudulently. The provision does not exclude alterations carried out by the original maker.
- 5. (C) Section 336(2) BNS punishes forgery with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Higher punishments under sub-sections (3) and (4) apply only where specific further intents are proved.
- 6. (D) Section 336(4) BNS prescribes imprisonment which may extend to three years, together with liability to fine, for forgery intended or known to be likely to harm the reputation of any party. This is distinct from the seven-year punishment under sub-section (3) for forgery intended for cheating.
- 7. (C) Section 336 BNS grades the offence by intent: sub-section (2) punishes simple forgery with up to two years or fine or both, sub-section (3) punishes forgery intended for use in cheating with up to seven years plus fine, and sub-section (4) punishes forgery intended or known likely to harm reputation with up to three years plus fine. The purpose behind the forgery therefore determines the severity of punishment.
- 8. (A) The Explanation to the section expressly states that 'register' includes any list, data or record of any entries maintained in the electronic form as defined in the Information Technology Act, 2000. Therefore electronic records are included.
- 9. (B) Section 337 enumerates specific items (records or proceedings of a Court, certain identity documents, registers of birth/marriage/burial, registers kept by public servants, certificates purporting to be by public servants, authorities to institute or defend suits, and powers of attorney). A mere private contract is not listed, so it is not covered by this section.
- 10. (B) The provision covers 'a certificate or document purporting to be made by a public servant in his official capacity,' which means the offence is the forgery of a document that presents itself as made by a public servant, irrespective of whether the public servant actually made it.
- 11. (B) Section 338 states the offender "shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." Thus life imprisonment or imprisonment (of either description) up to ten years, together with liability to fine, are the statutory options.
- 12. (C) The provision expressly includes "an acquittance or receipt for the delivery of any movable property or valuable security," so forging such an acquittance or receipt is covered by Section 338. It is not limited only to valuable securities.
- 13. (B) Section 338 provides punishment "with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." Thus life imprisonment is an option but not the sole penalty; the statute also permits imprisonment up to ten years and a fine.
- 14. (A) Section 339 states the offence applies to whoever has in his possession any document or electronic record, "knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine." Thus both knowledge of forgery and the intention for it to be used as genuine are required; mere possession or only one element is insufficient.
- 15. (C) The provision provides that if the document or electronic record is one of the description mentioned in section 337, the offender "shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." Thus the maximum term is seven years plus fine.
- 16. (B) For items of the description mentioned in section 338, the provision states punishment is "imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine." Therefore life imprisonment or a shorter term (up to seven years) are both possible, and a fine is also provided.
- 17. (A) Section 340(1) states that a false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record. The provision expressly includes both wholly and partly forged items and covers documents and electronic records.
- 18. (B) Section 340(2) requires that the user "knows or has reason to believe" the document to be forged and that the use be fraudulent or dishonest. If the person honestly believes the document genuine with no reason to suspect forgery, subsection (2) does not apply.
- 19. (D) Section 340(2) conditions punishment on fraudulent or dishonest use of a document which the user "knows or has reason to believe" to be forged. If the user lacked knowledge and had no reason to believe it forged, subsection (2) would not apply.
- 20. (A) Sub‑section (1) prescribes punishment of imprisonment for life, or imprisonment (either description) up to seven years, and also liability to fine for making/counterfeiting with intent to commit forgery punishable under section 338.
- 21. (C) Sub‑section (2) provides that making or counterfeiting with intent to commit forgery punishable under any section other than section 338 is punishable with imprisonment (either description) for a term which may extend to seven years, and also liable to fine (no life imprisonment in sub‑section (2)).
- 22. (A) Sub‑section (4) specifically states that one who fraudulently or dishonestly uses as genuine any seal known or reasonably believed to be counterfeit shall be punished in the same manner as if he had made or counterfeited it.
- 23. (B) Subsection (1) states the offender "shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." Thus the maximum is life imprisonment (with the alternative of up to seven years) plus fine.
- 24. (A) Subsection (2) expressly uses the phrase "any document or electronic record other than the documents described in section 338," so it explicitly covers electronic records (other than those under section 338).
- 25. (D) Subsection (1) specifies punishment "with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." Subsection (2) specifies punishment "with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine," but does not include life imprisonment.
- 26. (B) The provision expressly lists "any document which is or purports to be a will, or an authority to adopt a son, or any valuable security." Therefore all three categories are covered by the section.
- 27. (C) The provision begins with "Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person," indicating that either (fraudulent/dishonest) mental state or the specified intent suffices for liability. Negligence is not mentioned.
- 28. (C) Section 343 applies when acts are done "fraudulently or dishonestly, or with intent to cause damage or injury." A bona fide act done in good faith without fraud, dishonesty or the specified intent would not fall under the section as written. The provision does not make all cancellations per se punishable without those mental states.
- 29. (B) The section frames the prohibited actions with the qualifying mental states: "fraudulently or dishonestly, or with intent to cause damage or injury... cancels... or commits mischief in respect of such document." Thus mischief is criminalised only when done with those specified mental states. The provision explicitly mentions mischief, but within the same mens rea qualifiers.
- 30. (C) The provision states the acts must be done “wilfully, and with intent to defraud,” which requires both a deliberate act and a fraudulent intent. It therefore excludes mere negligence or strict liability.
- 31. (C) The section criminalises acts where a person "being a clerk, officer or servant... wilfully, and with intent to defraud, ... makes or abets the making of any false entry" in books or records belonging to or received for the employer. An intentional false entry by a clerk in the employer’s accounts fits this description; accidental deletion or outsider tampering do not meet the specified elements.
- 32. (D) The section applies to “whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant” commits the acts. Thus an owner/employer would be caught only if he was acting in such a capacity; otherwise the section’s textual scope does not automatically cover him.
- 33. (D) Section 345(2) states that marking movable property or using any case, package or receptacle having any mark thereon in a manner reasonably calculated to cause it to be believed that the property belongs to a person to whom they do not belong is using a false property mark. It does not concern immovable property or mere verbal claims without marks.
- 34. (C) Section 345(2) specifically includes 'uses any case, package or other receptacle having any mark thereon' when such use is reasonably calculated to cause belief that the property belongs to someone to whom it does not belong; therefore the described conduct falls within the provision.
- 35. (D) Section 345(2) defines a false property mark by reference to use that is 'reasonably calculated to cause it to be believed that the property ... belong to a person to whom they do not belong.' Marking one’s own goods does not satisfy that element; Section 345(3) then deals with punishment and the accused's burden to prove absence of intent to defraud.
- 36. (B) The provision states punishment with imprisonment of either description for a term which may extend to one year, so the maximum term is one year.
- 37. (C) The section requires that the actor is "intending or knowing it to be likely that he may thereby cause injury to any person," which means the mental element (intention or knowledge of likelihood) suffices; actual injury need not occur.
- 38. (A) The text specifies intending or knowing it likely that he may "cause injury to any person." It therefore targets likely injury to persons rather than injury solely to property; the provision does not on its face describe injury to property alone.
- 39. (B) Section 347(1) states that 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. Thus the maximum imprisonment under subsection (1) is two years.
- 40. (A) Section 347(2) covers using as genuine any such mark knowing it to be counterfeit and provides punishment with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Hence the penalty is imprisonment up to three years and liability to fine.
- 41. (C) Section 347(1) allows punishment up to two years 'or with fine, or with both', so the fine is optional. Section 347(2) prescribes imprisonment up to three years 'and shall also be liable to fine', making the fine a liability in addition to imprisonment.
- 42. (A) Section 348 states that whoever "makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark" shall be punished. Thus making such an instrument for counterfeiting is expressly criminalised by the provision.
- 43. (C) Section 348 expressly provides that one who "has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished." Thus such possession for that false purpose is criminalised.
- 44. (D) Section 348 refers specifically to whoever "makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark." It does not, in its wording, mention mere use without making or possession, so such mere use is not covered by this provision as written.
- 45. (B) The provision begins: 'Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark ...' which expressly lists selling, exposing, and possession for sale as the acts constituting the offence.
- 46. (C) The provision is framed 'unless he proves— (a) ... (b) ... or (c) ...', which places the burden on the accused to prove the specified defences.
- 47. (D) The provision covers goods with a counterfeit property mark 'affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained,' so a mark on the package falls within the offence.
- 48. (A) Section 350(1) expressly refers to making a false mark "upon any case, package or other receptacle containing goods." The provision does not mention public records, persons' bodies, or electronic files in this context.
- 49. (B) Section 350(1) prescribes punishment with "imprisonment of either description for a term which may extend to three years, or with fine, or with both." Thus the maximum term stated is three years.
- 50. (D) Section 350(1) criminalises making a false mark "in a manner reasonably calculated to cause any public servant or any other person to believe..." The wording focuses on whether the mark was reasonably calculated to cause belief, not on whether belief actually occurred.