Offence Affecting Property – Receiving of Stolen Property

The property, being an important part of the law, holds an important part in the Indian Penal Code. There are various provisions related to it under IPC. Section 410 to Section 414 of the Indian Penal Code, 1860 discusses provisions of ‘Receiving Stolen property’. Section 410 of the Code states the Stolen Property provision. In this article, we will look at the various aspects of such provisions.

Stolen Property

Section 410 of the Indian Penal Code says deals with the property, where a person transfers the possession of the property. It can happen in any manner either by theft or by extortion or by robbery. Moreover, it includes all the properties which a person misappropriates in respect to a commitment of criminal breach of trust.

All such instances of property are “stolen properties”. It is applicable even if the transfer or the misappropriation or breach of trust takes place within or outside India. But if in the later stages, the property reaches its rightful legal owner then the property ceases to be a ‘Stolen Property’.

Moreover, according to Section 410 of the Indian Penal Code, all the properties which a person transfers through any of the modes will be a stolen property:

1. Theft
2. Extortion
3. Criminal Misappropriation
4. Criminal Breach of Trust

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Dishonestly Receiving the Property

Section 411 of the IPC deals with any person who holds any property even after knowing the fact that the property is a stolen one. Firstly, he will be a criminal in the eyes of law.

And lastly, he will have to go through the imprisonment of at least 3 years. In certain cases, he will just have to pay fine. Moreover, in certain cases, he has to go through both the punishments.

Dishonestly receiving Property stolen in the Case of a Dacoity 

Section 412 of the IPC deals with the person who receives or retains any stolen property, the possession of which he knows is happening by a commission of dacoity.

It also applies where someone receives from a person, whom he knows or has justification to believe to belong or to have belonged to a group of dacoits, property which he knows or has reason to believe to have been robbed or stolen.

All such people are punishable with imprisonment for life or with rigorous imprisonment for a term which can extend to ten years and are also liable to big fine. Section 412 of the Code seeks to punish all the people receiving any property taken in the commission of dacoity.

Habitually dealing in Stolen Property

Section 413 deals with the people who habitually receives or deals in property which he knows or has reason to believe to be stolen property.

All such people are punishable with imprisonment for life or with imprisonment of either description for a term. It can increase to 10 years and are also be liable for a big fine.

The offense of this Section is cognizable, non-bailable and triable by the Session Court.

Assisting in Concealment of Stolen Property

Section 414 of the IPC deals with the people who voluntarily assists in concealing or disposing of or making away with the stolen property. Hence, all such people are punishable with imprisonment of either description for a term which can extend to 3 years.

Question on Stolen Property

Question: What is the nature of offense done under Section 414 of the Indian Penal Code?

Answer: The offenses of Section 414 of the Indian Penal Code are non-bailable, cognizable, triable and compoundable by any Magistrate.