IPC 485 → BNS 348: Instrument for Mark

Quick Summary: IPC 485 vs BNS 348

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 485 covers instrument for mark, among the IPC's offences relating to documents and currency marks — forgery, making false documents, counterfeiting marks and currency-note offences. Carried into the BNS as BNS 348, its modernised definitions squarely cover electronic records and digital forgery.

What did IPC 485 cover?

IPC 485 dealt with instrument for mark — making or possession of any instrument for counterfeiting a property mark. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 348: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to instrument for mark are filed under BNS Section 348, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 348

Same - Up to 3 years

Practical implications for advocates, police & citizens

• Advocates: For instrument for mark, whether the document is 'false' and was made to cause damage or fraud is decisive — anchor the defence in BNS 348 and the document's purpose.
• Police officers: Seize and exhibit the forged document or instrument; the instrument for mark offence is registered under BNS 348.
• Law students & citizens: Creating or using a forged document — including digital records — to gain an advantage, as in instrument for mark, is an offence regardless of whether anyone ultimately lost money.