Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
IPC Section 127: Simplified Explanation
IPC Section 127 of the Indian Penal Code (IPC) deals with the offence of receiving property that has been taken or plundered during acts of war or depredation, as outlined in Sections 125 and 126. This section targets those who indirectly support or benefit from such hostile activities by acquiring stolen goods or property, thereby ensuring accountability not just for the perpetrators of the initial acts but also for those who facilitate or profit from them afterwards.
Here is a detailed breakdown of IPC Section 127:
- Definition and Scope:
- Receiving Stolen Property: This section’s core is receiving or retaining property obtained through acts of war or depredation against territories or powers that are in alliance or at peace with India.
- Connection to Sections 125 and 126: The property in question must have been taken in the context of the offences described in Sections 125 (waging war against an Asiatic Power in alliance with India) and 126 (committing depredation on territories of a Power at peace with India).
- Punishment Under Section 127:
- The punishment for receiving property taken by war or depredation includes imprisonment for up to seven years and may also include a fine. This reflects the intent to deter the circulation of goods obtained through illicit means and to disrupt the networks that benefit from such activities.
- Legal Implications:
- Deterrence of Support Networks: Section 127 helps to break down the economic incentives that might otherwise support or encourage acts of war or depredation by penalising the receipt of property from such illegal activities.
- Broader Accountability: This section extends accountability beyond the direct perpetrators of hostile acts, including those who indirectly facilitate or profit from these actions.
- Challenges in Enforcement: Proving an offence under this section involves tracing the origin of the property back to acts covered by Sections 125 and 126, which can be complex and require comprehensive investigative efforts.
- Examples:
- Purchasing Looted Goods: If a person in India knowingly buys or keeps goods looted from a neighbouring country during an unauthorised raid (as described in Section 126), they can be prosecuted under Section 127.
- Businesses Profiting from War Plunder: A company that knowingly sells artefacts or resources plundered during hostilities against an allied Asiatic Power (covered under Section 125) would also be liable under this section.
Understanding IPC Section 127 is essential for comprehending the full scope of legal measures designed to maintain international peace and order by targeting the direct aggressors and those who enable and profit from such conflicts.
