Bharatiya Nyaya Sanhita 2023
Of the Receiving of stolen property :
Section 317 :
Stolen property :
(See section 410, 411, 412, 413, 414 of IPC 1860)
Section : 317(2)
Classification of Offence:
Offence : Dishonestly receiving stolen property knowing it to be stolen.
Punishment : Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : The owner of the property stolen.
By Which Court Triable : Any Magistrate.
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Section : 317(3)
Classification of Offence:
Offence : Dishonestly receiving stolen property, knowing that it was obtained by dacoity.
Punishment : Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 317(4)
Classification of Offence:
Offence : Habitually dealing in stolen property.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 317(5)
Classification of Offence:
Offence : Assisting in concealment or disposal of stolen property, knowing it to be stolen.
Punishment : Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : The owner of the property stolen.
By Which Court Triable : Any Magistrate.
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(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.
