BNS Section 155 – Receiving property taken by war or depredation mentioned in sections 153 and 154

IPC Section – 127

Cognizable offence
punishable with imprisonment which may extend to
seven years and with fine and forfeiture of property so
received.

Receiving property taken by war or depredation mentioned in sections 153 and 154

Receiving Stolen Property:

  • This provision addresses the offence of receiving property that has been taken during the commission of certain crimes, specifically those mentioned in Sections 151 and 152.
  • The individual receiving the property must know that it has been taken through the commission of these offences.

Punishment:

  • Anyone found guilty of this offence will face imprisonment for a term which may extend to seven years.
  • Additionally, the offender will be liable to a fine.
  • The property that was received will be forfeited, meaning it will be taken away by the state.

Conclusion

This law ensures that those who knowingly accept property obtained through illegal means will be held accountable, with significant penalties including imprisonment, fines, and the forfeiture of the property. It serves as a deterrent against the illegal trafficking of stolen property and reinforces the principle that the possession of stolen goods is a serious offence.

Receiving Property Taken by War or Depredation Mentioned in Sections 153 and 154 (BNS-155)

1. What is the Offence?

This law criminalizes the act of receiving property that has been illegally acquired through war or depredation, as defined in Sections 153 and 154.

  • Knowledge of Illegality: The person receiving the property must know that the property was taken in the commission of the offences described in those sections.

2. Key Elements of the Offence

  • Receiving Property: The act of receiving property obtained through war or depredation.
  • Reference to Sections 153 and 154:
    • Section 153: Waging war against a foreign state at peace with India.
    • Section 154: Committing depredation on territories of a foreign state at peace with India.
  • Receiving Stolen Goods: The law treats the act of receiving such property as equally serious as committing the original offence.

3. Punishment

  • Imprisonment: Up to 7 years, and
  • Fine, and
  • Forfeiture: Any property received as part of the offence is subject to forfeiture.

4. Type of Offence

  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
  • Court: The case will be tried by the Court of Session.

5. Purpose of the Law

  • The law aims to curb the trade or transfer of stolen or illegally acquired goods, especially in times of war or conflict.
  • It imposes strict penalties on those who knowingly receive such property, ensuring accountability and deterring such activities.

Summary of the Offence

OffencePunishmentCognizable/Non-cognizableBailable/Non-bailableCourt
Receiving property taken by war or depredation mentioned in sections 153 and 154Up to 7 years imprisonment, fine, and forfeiture of propertyCognizableNon-bailableCourt of Session