(1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Simplified Explanation
Section 317 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with the possession, receipt, and handling of stolen property. This section outlines various offenses related to stolen property, including receiving, retaining, or concealing property that has been obtained through criminal means such as theft, robbery, extortion, or criminal breach of trust.
Key Elements of Section 317:
- Definition of Stolen Property (Subsection 1):
- Stolen property refers to property that has been:
- Transferred by theft, extortion, robbery, or cheating.
- Criminally misappropriated or involved in a criminal breach of trust.
- Stolen property remains classified as stolen even if the transfer, misappropriation, or breach of trust occurred outside India.
- However, if the property comes into the possession of a legally entitled person, it ceases to be stolen property.
- Stolen property refers to property that has been:
- Receiving or Retaining Stolen Property (Subsection 2):
- A person who dishonestly receives or retains stolen property, knowing or having reason to believe that it is stolen, commits an offense.
- The punishment for such an offense can include:
- Imprisonment (either description) for up to three years.
- Fine, or both imprisonment and fine.
- Receiving Stolen Property from Dacoits or Dacoity Gangs (Subsection 3):
- A person who receives or retains stolen property, knowing or having reason to believe that the property was transferred by dacoity (a violent form of robbery by a gang), or from someone who is part of a gang of dacoits, faces a more severe punishment.
- The punishment for this offense is:
- Imprisonment for life, or
- Rigorous imprisonment for a term of up to ten years, and
- Fine.
- Habitual Receipt or Dealing in Stolen Property (Subsection 4):
- A person who habitually receives or deals in stolen property, knowing or having reason to believe that it is stolen, is guilty of an offense.
- The punishment for this offense is severe:
- Imprisonment for life, or
- Imprisonment for up to ten years, and
- Fine.
- Concealing or Disposing of Stolen Property (Subsection 5):
- A person who voluntarily assists in concealing, disposing of, or making away with stolen property, knowing or having reason to believe it is stolen, is committing an offense.
- The punishment for this offense includes:
- Imprisonment (either description) for up to three years.
- Fine, or both imprisonment and fine.
Summary of Section 317:
- Stolen Property: Property obtained through theft, extortion, robbery, or cheating is considered stolen. If the property is later acquired by someone legally entitled to it, it no longer remains stolen.
- Receiving Stolen Property: Receiving or retaining stolen property, with knowledge or suspicion that it is stolen, carries punishments ranging from three years’ imprisonment and/or fine to life imprisonment or rigorous imprisonment for more serious cases, such as when the property comes from dacoits or is part of a habitual trade in stolen goods.
- Assisting in Concealing Stolen Property: If someone helps conceal, dispose of, or remove stolen property, knowing its origin, they can face imprisonment and fines.
This section emphasizes punishment for those involved in the receipt, possession, or disposal of stolen property, aiming to deter individuals from participating in or benefiting from criminal activities related to stolen goods. It also addresses the role of habitual offenders and gang involvement, with harsher penalties for those who repeatedly or knowingly deal with stolen items, especially those linked to dacoity.
