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BNS, 2023
Start Practicing
BNSChapter XVIISection 317
Section317

Stolen property

AI Assist

Summary

Property obtained by theft, extortion, robbery, cheating, criminal misappropriation or breach of trust is treated as stolen, even if the transfer happened outside India; it ceases to be stolen if a person legally entitled later acquires it. Dishonestly receiving, retaining or disposing of such property, knowing or having reason to believe it is stolen, can attract up to three years imprisonment, fine, or both. If the property came from dacoity, was received from someone believed to be a dacoit, or the receiver habitually deals in stolen goods, the sentence is life or up to ten years rigorous imprisonment and fine.

Example

Aditya regularly buys cheap mobile phones from a local dealer who secretly sells stolen goods. Police find that Aditya had reason to believe the phones were stolen; as a habitual receiver he can face life or up to ten years rigorous imprisonment and a fine.

Bare Act

Enacted text

(1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as “stolen property”, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

(3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(4) Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, 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.

(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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XVII

Chapter XVII

Of Offences Against Property

In this chapter

  • 303Theft
  • 304Snatching
  • 305Theft in a dwelling house, or means of transportation or place of worship, etc
  • 306Theft by clerk or servant of property in possession of master
  • 307Theft after preparation made for causing death, hurt or restraint in order to the committing of theft
  • 308Extortion
  • 309Robbery
  • 310Dacoity
  • 311Robbery, or dacoity, with attempt to cause death or grievous hurt
  • 312Attempt to commit robbery or dacoity when armed with deadly weapon
  • 313Punishment for belonging to gang of robbers, etc
  • 314Dishonest misappropriation of property
  • 315Dishonest misappropriation of property possessed by deceased person at the time of his death
  • 316Criminal breach of trust
  • 317Stolen property
  • 318Cheating
  • 319Cheating by personation
  • 320Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  • 321Dishonestly or fraudulently preventing debt being available for creditors
  • 322Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  • 323Dishonest or fraudulent removal or concealment of property
  • 324Mischief
  • 325Mischief by killing or maiming animal
  • 326Mischief by injury, inundation, fire or explosive substance, etc
  • 327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
  • 328Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  • 329Criminal trespass and house-trespass
  • 330House-trespass and house-breaking
  • 331Punishment for house-trespass or house breaking
  • 332House-trespass in order to commit offence
  • 333House-trespass after preparation for hurt, assault or wrongful restraint
  • 334Dishonestly breaking open receptacle containing property
Previous · Section 316Criminal breach of trustNext · Section 318Cheating