Receiving of Stolen Property
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Receiving of Stolen Property

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 27-Feb-2024

Introduction

Property may be stolen by way of theft, extortion or robbery or by any other way. Receiving a property that a person knows to be a stolen one is a crime. Sections 410 to 414 of the Indian Penal Code, 1860 (IPC) contains provisions in relation to the receiving of stolen property.

Section 410 of IPC

  • This Section describes stolen property.
    • It states that property, the possession whereof has been transferred by theft, or by extortion, or by robbery, or by dacoity, 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.
  • Property should be stolen property by way of:
    • Theft
    • Extortion
    • Robbery
    • Criminal Misappropriation
    • Criminal breach of trust

Section 411 of IPC

  • This Section deals with dishonestly receiving stolen property.
    • It states that whoever dishonestly receives or retains stolen property, knowing or having reason to believe that such property is a stolen one, shall be imprisoned for a term which may extend up to three years, or with fine, or both.
  • Following are the ingredients that need to be established to prove the guilt of the accused:
    • The accused had possession of the stolen property.
    • Before the accused got the possession of the property, the property was in some other person’s possession.
    • The accused had knowledge and reason to believe that the property was a stolen one.
    • The accused had intent to deprive the owner of his or her property by keeping or selling it to another party.

Section 412 of IPC

  • This Section deals with dishonestly receiving property stolen in the commission of a dacoity.
    • It states that 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.
  • The following ingredients must be satisfied to make a person liable under Section 412 of IPC:
    • The property is stolen property.
    • Such property was concerned with dacoity.
    • The accused dishonestly received it.
    • The accused had knowledge or reason to believe that the said property was stolen in dacoity.

Section 413 of IPC

  • This Section deals with habitually dealing in stolen property.
    • It states that any person who habitually receives or deals in a stolen property, having knowledge or reason to believe that the property is a stolen one, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend up to ten years, and shall also be liable for fine.
  • The following ingredients shall be satisfied for making a person liable under Section 413 of IPC:
    • The property in question is stolen property.
    • The accused received that property.
    • The accused habitually deals in such property.
    • The person did so having knowledge or reason to believe that the property was stolen property.

Section 414 of IPC

  • This Section deals with assisting in concealment of stolen property.
    • It states that any person who voluntarily assists in concealing or disposing of that property or making away of that property which he has knowledge of or reasons to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend up to three years, or with fine, or both.
  • The following ingredients need to be satisfied before making a person liable under Section 414 of IPC:
    • The property in question is stolen property.
    • The accused had knowledge or reason to believe that the property was stolen property.
    • The accused voluntarily assisted in concealing or disposing of or making away with such property.