Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 153 and 154, 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.
Simplified Explanation
Section 155 of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses the offense of receiving property acquired through war or depredation as described in Sections 153 and 154. This section ensures that not only those who directly commit such crimes but also those who benefit from them are held accountable.
Key Elements of Section 155
- Receiving Property:
- The offense involves taking possession of property that was obtained through unlawful acts of war (Section 153) or depredation (Section 154).
- Knowledge of Illegality:
- The recipient must know that the property was obtained through the commission of these crimes. This knowledge element is critical for establishing guilt.
- Link to War or Depredation:
- The property must be connected to acts of waging war against a peaceful foreign state or depredation of its territory.
Punishments Prescribed
- Imprisonment (Up to 7 Years):
- The severity of the punishment reflects the gravity of supporting or benefiting from acts that violate international peace or sovereignty.
- Fine:
- A monetary penalty may be imposed alongside imprisonment, acting as a financial deterrent.
- Forfeiture of Property:
- The property in question will be confiscated, ensuring that the recipient does not retain any benefits from their unlawful actions.
Purpose and Rationale
- Disrupting the Supply Chain of Illegal Acts:
- By punishing those who knowingly receive stolen property, Section 155 aims to discourage people from indirectly supporting crimes like war or depredation.
- Preventing Collusion:
- This provision ensures that individuals cannot shield perpetrators by acting as intermediaries or fences for illegally acquired goods.
- Strengthening Legal Accountability:
- It emphasizes the need for responsible behavior and ensures that offenders do not profit from criminal acts, either directly or indirectly.
Comparison with Indian Penal Code (IPC), 1860
- Section 155 corresponds to Section 127 of the IPC, which penalized the receipt of property obtained through depredation or war. The BNS version modernizes the language and broadens its applicability.
Illustrations
- Example 1:
- A person purchases gold knowing it was looted during a raid on a peaceful foreign country. This act would make them liable under Section 155.
- Example 2:
- If an individual receives machinery stolen during an act of depredation on a foreign territory and uses it in their business, they would be punishable under this section.
Defenses
- Lack of Knowledge:
- If the accused can prove they were unaware that the property was obtained through unlawful means, they may avoid liability.
- No Evidence of Receipt:
- The prosecution must establish that the accused actually received and possessed the property.
- Bona Fide Transaction:
- If the property was received in good faith, without any indication of its unlawful origin, it may serve as a defense.
Impact on International Relations
- Section 155 upholds India’s commitment to respecting the sovereignty of foreign states and preventing actions that could harm diplomatic ties. By penalizing those who knowingly benefit from criminal acts against peaceful states, it ensures that such actions do not find indirect support within India.
Conclusion
Section 155 of the Bharatiya Nyaya Sanhita, 2023, plays a critical role in dismantling the networks that support crimes like war and depredation. By targeting those who receive and benefit from property acquired through such acts, it complements Sections 153 and 154, ensuring a comprehensive legal framework to safeguard international peace and harmony.
