BNS Section 317 – Stolen property

The Indian Penal Code (IPC) Section – 410,414

Bharatiya Nyaya Sanhita (BNS) Section 317: Stolen Property

This section deals with the handling of stolen property, including receiving, retaining, or assisting in its concealment. Below is a simple explanation of the law in easy-to-understand language:


What is Stolen Property?

Stolen property includes:

  1. Property obtained through theftextortionrobbery, or cheating.
  2. Property that has been criminally misappropriated or involved in a criminal breach of trust.
  3. The property remains “stolen” until it is returned to the rightful owner.

Offences Related to Stolen Property

Type of OffenceDescriptionPunishment
Receiving or Retaining Stolen Property– Knowingly or believing the property is stolen.– Jail term up to 3 years, or
– Fine, or
– Both.
Receiving Property Obtained by Dacoity– Knowingly receiving property stolen through dacoity.– Life imprisonment, or
– Rigorous jail term up to 10 years, and
– Fine.
Habitually Dealing in Stolen Property– Regularly receiving or dealing in stolen property.– Life imprisonment, or
– Jail term up to 10 years, and
– Fine.
Assisting in Concealing Stolen Property– Helping to hide or dispose of stolen property.– Jail term up to 3 years, or
– Fine, or
– Both.

Other Important Details

AspectDetails
CognizablePolice can arrest without a warrant.
Non-bailableAccused cannot easily get bail (except where specified).
Court for Trial– Any Magistrate (for general offences).
– Court of Session (for serious offences like dacoity or habitual dealing).

Examples of Offences

  1. Example 1:
    • A buys a stolen phone, knowing it was stolen. A is guilty of receiving stolen property.
  2. Example 2:
    • A regularly buys and sells stolen goods. A is guilty of habitually dealing in stolen property.
  3. Example 3:
    • A helps hide stolen jewelry. A is guilty of assisting in concealing stolen property.

Why is this Law Important?

  1. Prevents Crime:
    • Discourages people from buying or handling stolen goods.
  2. Protects Property Rights:
    • Ensures stolen property is returned to its rightful owner.
  3. Deters Organized Crime:
    • Strict punishments for dealing in stolen property, especially from dacoity, help reduce organized crime.

Summary

The Bharatiya Nyaya Sanhita (BNS) Section 317 punishes those who handle stolen property, whether by receiving, retaining, or assisting in its concealment. Punishments range from fines to life imprisonment, depending on the severity of the offence. The law ensures that stolen property is not misused and helps maintain public order and safety.