The Receiving of Stolen Property – INDIAN PENAL CODE (IPC)

410. Stolen Property.

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designed 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.

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411. Dishonestly receiving stolen property.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non- bailable—Triable by any Magistrate—Compoundable by the owner of the property stolen with the permission of the court.

STATE AMENDMENT
State of Tamil Nadu:
Section 411 of principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely-
“(2) Whoever dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub- section (1), be punished with rigorous imprisonment which shall not be less than two years but which shall not be less than two thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years.”.
Vide Tamil Nadu Act 28 of 1993, section 3.

412. Dishonestly receiving property stolen in the commission of a dacoity.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.

COMMENTS
When articles were received soon after dacoity and proved to have been stolen in dacoity, offence falls under section 412 and not under section 395;
Amar Singh v. State of Madhya Pradesh, AIR 1982 SC 129 : (1982) Cr LJ 610.

413. Habitually dealing in stolen property.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable

414. Assisting in concealment of stolen property.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non- bailable—Triable by any Magistrate—Compounded by the owner of the property stolen with the permission of the court.

Next,
Chapter XVII (415-420) of IPC – Cheating

Chapter XVII (421-424) of IPC – Fraudulent Deeds and Disposition of Property

Chapter XVII (425-440) of IPC – Mischief

Chapter XVII (441-462) of IPC – Criminal Trespass

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