Section 317 BNS: Dishonestly Receiving Stolen Property (Formerly Sections 411, 412, 413, 414 IPC)

Section 317 of Bharatiya Nyaya Sanhita: Dishonestly Receiving Stolen Property

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 imprisonmentfor 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.

Legal Commentary & Landmark Judgments: Section 317

Section 317 penalises dishonestly receiving or retaining any stolen property, knowing or having reason to believe the same to be stolen property (replacing Section 411 IPC).

Stolen Property: Property whose possession has been transferred by theft, extortion, robbery, or criminal breach of trust.
Receiving or Retaining: Taking physical possession or custody, or retaining the goods.
Guilty Knowledge: Knowing or having reasonable cause to believe that the property is stolen.

Key Landmark Precedents:

Trimbak v. State of M.P. AIR 1954 SC 39: The Supreme Court settled the three essential ingredients: (1) property was stolen; (2) it was in possession of the accused; and (3) accused had knowledge or reason to believe it was stolen.
Ayodhya Singh v. State of Rajasthan (1972) 2 SCC 885: Held that under Section 114 Illustration (a) of the Evidence Act (Section 119 BSA), unexplained possession of recently stolen property justifies presumption that the possessor is either the thief or receiver.

Courtroom Practice & Strategic Litigation Guidance:

Test whether the property was recovered from an open, accessible place (negating exclusive possession) or from a locked room/vault under accused's exclusive key control. Test the time gap between theft and recovery.

Section 317: Dishonestly Receiving Stolen Property

Section 317 of Bharatiya Nyaya Sanhita: Dishonestly Receiving Stolen Property

Legal Commentary & Landmark Judgments: Section 317