संSamvidhan
प्रैक्टिस पेपर — BNS Chapter XVIII — Of Offences Relating To Documents And To Property Marks
50 questions · answer key at the end · no time limit · 33 more on the site
samvidhan.co.in
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.Under Section 336(1) of the BNS, forgery consists in:
- (A) Making any false document or false electronic record, or part thereof, with intent to cause damage or injury, support any claim or title, cause a person to part with property, enter into a contract, or commit fraud
- (B) Using a genuine document without the owner's permission
- (C) Dishonestly misappropriating a document entrusted to a person
- (D) Destroying a valuable security belonging to another
6.A makes a false electronic record intending that it shall be used for the purpose of cheating. Under Section 336 BNS, A is punishable with:
- (A) Imprisonment up to two years, or fine, or both
- (B) Imprisonment up to seven years and fine
- (C) Imprisonment up to three years and fine
- (D) Imprisonment for life
7.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
8.Under the Bharatiya Nyaya Sanhita, 2023, the offence in IPC Section 463 (Forgery) of the IPC now corresponds to which section?
- (A) BNS Section 336 (Forgery)
- (B) BNS Section 83 (Marriage ceremony fraudulently gone thro)
- (C) BNS Section 79 (Word, gesture or act intended to insult)
- (D) BNS Section 270 (Public nuisance)
9.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
10.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
11.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
12.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
13.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
14.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
15.Does Section 339 apply to electronic records?
- (A) No — it applies only to physical documents.
- (B) Yes — it covers both documents and electronic records.
- (C) Yes — but only to electronic records, not documents.
- (D) Only to electronic records when printed on paper.
16.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.
17.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.
18.Which of the following best states the conduct punishable under Section 340(2)?
- (A) Making a false document by forgery
- (B) Fraudulently or dishonestly using as genuine a document you know or have reason to believe to be forged
- (C) Honest use of a document later discovered to be forged
- (D) Merely possessing a forged document without using it
19.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
20.A person knowingly uses a forged document as genuine, but their use is not fraudulent or dishonest (for example, they use it only to demonstrate the forgery to authorities). Under Section 340(2), is the person punishable?
- (A) Yes — knowledge that a document is forged is sufficient for punishment under Section 340(2)
- (B) No — Section 340(2) requires proof of fraudulent or dishonest use in addition to knowledge or reason to believe it is forged
- (C) Yes — any knowing use of a forged document is treated the same as forging it
- (D) Only if the document was forged wholly rather than partly
21.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
22.What punishment does Section 341 prescribe for a person who possesses any seal, plate or other instrument knowing the same to be counterfeit (without any further specified intent)?
- (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 of either description for a term which may extend to three years, and shall also be liable to fine
- (C) Imprisonment of either description for a term which may extend to seven years, and also liable to fine
- (D) Only a fine
23.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
24.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
25.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.
26.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.
27.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
28.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
29.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
30.Who is primarily made liable under Section 344 (Falsification of accounts) of the Bharatiya Nyaya Sanhita, 2023?
- (A) Any person who handles accounts
- (B) A clerk, officer or servant, or one employed or acting in that capacity
- (C) The employer or owner of the account
- (D) Only certified accountants and auditors
31.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)
32.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
33.Under Section 345(1) of the Bharatiya Nyaya Sanhita, 2023, what is a 'property mark'?
- (A) A mark used to denote that movable property belongs to a particular person.
- (B) A mark used to denote ownership of immovable property such as land or buildings.
- (C) Any official seal or stamp applied by a government authority to goods.
- (D) A mark indicating the price or value of movable goods.
34.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.
35.Under Section 345(3), who bears the burden of proof regarding the absence of intent to defraud when charged with using a false property mark?
- (A) The prosecution must prove that the accused lacked intent to defraud.
- (B) The accused must prove that he acted without intent to defraud.
- (C) Both the prosecution and the accused share the burden equally.
- (D) The court must presume absence of intent unless the prosecution proves otherwise.
36.Which of the following acts is expressly covered by Section 346 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Adding to a property mark
- (B) Painting a wall adjacent to a property mark
- (C) Removing a neighbouring fence (not a mark)
- (D) Merely photographing a property mark
37.What is the maximum term of imprisonment prescribed by Section 346?
- (A) Six months
- (B) One year
- (C) Three years
- (D) Seven years
38.A person defaces a property mark but had no intention and did not know it was likely to cause injury to any person. Under Section 346, is an offence committed?
- (A) Yes — any defacement of a property mark is an offence
- (B) Yes — if the property is public property
- (C) Only if the defacement resulted in damage to property of a person
- (D) No — the provision requires that the act be done intending or knowing it likely to cause injury to a person
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.Which category of person’s property mark attracts the enhanced punishment under Section 347(2)?
- (A) A private manufacturer
- (B) Any other person
- (C) A public servant
- (D) A private merchant
41.If someone counterfeits a property mark used by a private company (not a public servant), what punishment does Section 347(1) prescribe?
- (A) Imprisonment up to three years and mandatory fine
- (B) Imprisonment for life
- (C) A mandatory fine only
- (D) Imprisonment up to two years, or fine, or both
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.What is the maximum term of imprisonment that Section 348 prescribes for its offence?
- (A) One year
- (B) Three years
- (C) Seven years
- (D) Life imprisonment
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.What is the maximum punishment provided by Section 349 for selling goods with a counterfeit property mark?
- (A) Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
- (B) Imprisonment for a term which may extend to two years.
- (C) Fine only.
- (D) Imprisonment of either description for a term which may extend to one year (no fine).
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
उत्तर कुंजी
1. A2. B3. B4. B5. A6. B7. D8. A9. A10. B11. B12. B13. C14. B15. B16. C17. B18. B19. B20. B21. A22. B23. A24. B25. A26. D27. B28. C29. C30. B31. C32. C33. A34. D35. B36. A37. B38. D39. B40. C41. D42. A43. B44. D45. B46. A47. D48. A49. B50. D
व्याख्याएँ
- 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. (A) Section 336(1) BNS defines forgery as making a false document or false electronic record, or part of one, with intent to cause damage or injury to the public or any person, to support any claim or title, to cause any person to part with property or enter into a contract, or with intent to commit fraud or that fraud may be committed. The making of the false document with such intent is the gist of the offence.
- 6. (B) Section 336(3) BNS provides that whoever commits forgery intending that the forged document or electronic record shall be used for the purpose of cheating shall be punished with imprisonment which may extend to seven years and shall also be liable to fine. Section 336(1) expressly extends forgery to false electronic records.
- 7. (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.
- 8. (A) IPC Section 463 (Forgery) maps to BNS Section 336 (Forgery) in the BNS.
- 9. (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.
- 10. (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.
- 11. (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.
- 12. (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.
- 13. (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.
- 14. (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.
- 15. (B) The provision expressly refers to "any document or electronic record," so it applies to both documents and electronic records. The text therefore covers electronic records on the same terms as documents.
- 16. (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.
- 17. (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.
- 18. (B) Section 340(2) punishes whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be forged. The provision requires both the use as genuine and knowledge or reason to believe it is forged.
- 19. (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.
- 20. (B) Section 340(2) requires two elements: the person must fraudulently or dishonestly use the document as genuine and must know or have reason to believe it is forged. Knowledge alone, without fraudulent or dishonest use, is therefore insufficient for punishment under this subsection.
- 21. (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.
- 22. (B) Sub‑section (3) states that whoever possesses any such seal, plate or instrument knowing it to be counterfeit shall be punished with imprisonment (either description) for a term which may extend to three years, and shall also be liable to fine.
- 23. (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.
- 24. (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.
- 25. (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).
- 26. (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.
- 27. (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.
- 28. (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.
- 29. (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.
- 30. (B) The section begins with “Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant,” making those persons the class covered. It does not extend liability in its text to employers or any person generally unless they fall within that description.
- 31. (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.
- 32. (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.
- 33. (A) Section 345(1) expressly defines a property mark as 'A mark used for denoting that movable property belongs to a particular person.' It refers specifically to movable property, not immovable property or prices.
- 34. (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.
- 35. (B) Section 345(3) provides that whoever uses any false property mark shall be punished 'unless he proves that he acted without intent to defraud,' which places the burden on the accused to prove absence of intent to defraud.
- 36. (A) Section 346 punishes anyone who "removes, destroys, defaces or adds to any property mark." Adding to a property mark is therefore expressly included by the text.
- 37. (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.
- 38. (D) Section 346 penalises removal, destruction, defacement or addition to a property mark only when done "intending or knowing it to be likely that he may thereby cause injury to any person." Without that mental element, the provision is not made out.
- 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. (C) Section 347(2) specifically refers to counterfeiting any property mark used by a public servant or certain marks used by a public servant. Therefore the enhanced punishment in subsection (2) applies to marks used by a public servant.
- 41. (D) Section 347(1) provides punishment for counterfeiting any property mark used by any other person with imprisonment for a term which may extend to two years, or with fine, or with both. Thus for marks not falling under subsection (2), the punishment is up to two years or fine or both.
- 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. (B) The provision specifies punishment with "imprisonment of either description for a term which may extend to three years, or with fine, or with both." Therefore the maximum imprisonment under this section is three years.
- 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. (A) The provision states the offender 'be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.' This gives a maximum of one year imprisonment, or fine, or both.
- 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.