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Section 155: Receiving Property Taken by War or Depredation

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Court of Session
Non-Bailable
Cognizable
Formerly Sec 127 IPC
Section 154 All 358 Sections of Bharatiya Nyaya Sanhita Section 156

Legal Commentary & Landmark Judgments: Section 155

Section 155 penalizes receiving property taken by war or depredation mentioned in sections 153 and 154, knowing the same to have been so taken, prescribing imprisonment up to seven years, and fine, alongside forfeiture of the property.

  • Plundered Property: Property taken in the course of waging war against a friendly state or committing cross-border depredation.
  • Guilty Knowledge: Receiving the property knowing or having reason to believe it was so taken.
  • Forfeiture & Incarceration: Imprisonment extending up to seven years, fine, and forfeiture of the property (formerly Section 127 IPC).
Key Landmark Precedents:
  • State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: Examined the receipt of illicit arms and funds originating from cross-border armed conflicts under penal provisions.
  • Trimbak v. State of M.P. (AIR 1954 SC 39): Affirmed that receiving plundered or stolen property requires strict proof of possession coupled with knowledge of its illicit origin.
Courtroom Practice & Strategic Litigation Guidance:

When an antique dealer or currency exchanger is charged under Section 155 BNS for possessing foreign assets, establish bona fide commercial purchase: tender banking invoices and customs declarations to disprove knowledge of war origins.

Section 154 All 358 Sections of Bharatiya Nyaya Sanhita Section 156