Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 317: Stolen Property
(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.
Brief Detail
BNS Section 317 defines stolen property and outlines the penalties for receiving, retaining, or dealing in such property. It specifies that stolen property is that which has been taken through theft, extortion, robbery, or cheating, and establishes various levels of punishment based on the circumstances surrounding the possession of the stolen property.
Question & Answers
Q1: What constitutes stolen property under BNS Section 317?
A1: Stolen property includes items taken through theft, extortion, robbery, or cheating, as well as those involved in criminal misappropriation or breach of trust.
Q2: What is the punishment for dishonestly receiving stolen property?
A2: The punishment can be imprisonment for up to three years, a fine, or both.
Q3: Are there harsher penalties for receiving property related to dacoity?
A3: Yes, receiving stolen property linked to dacoity can result in life imprisonment or up to ten years of rigorous imprisonment.
Example
Example Scenario:
If someone buys a television knowing it was stolen from a home, that person has committed an offence under Section 317 by dishonestly receiving stolen property.
Summary
BNS Section 317 emphasizes the illegality of possessing stolen property and outlines significant penalties for those involved in receiving or dealing with such property, ensuring a strong legal framework to combat theft and related crimes.
