Code: Section 317 BNS
(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.
Explanation of Section 317 BNS
Section 317 of the Bharatiya Nyaya Sanhita (BNS) outlines offenses related to stolen property. It defines what constitutes stolen property and specifies the punishments for individuals who either possess, deal with, or assist in handling such items. The section differentiates between casual involvement and repeated offenses, prescribing punishments accordingly.
Key Provisions:
- Definition of Stolen Property: This includes items acquired through theft, robbery, extortion, criminal misappropriation, or breach of trust, whether the crime occurred in India or abroad.
- Severity of Punishment: The law distinguishes between simple cases (imprisonment, fines) and serious crimes like dacoity or habitual offenses (life imprisonment, heavy fines).
Illustrations
Example 1: Receiving Stolen Property (Simple Case)
- Scenario: Raj buys a smartphone from a street vendor at an unusually low price. Later, he discovers the phone was stolen.
- Legal Outcome: Since Raj knew or should have known the phone was stolen, he faces punishment under Sub-section (2). The court may impose imprisonment up to 3 years, a fine, or both.
Example 2: Property Involving Dacoity
- Scenario: Priya purchases jewelry from someone known to be part of a dacoit gang.
- Legal Outcome: Under Sub-section (3), Priya may face life imprisonment or up to 10 years of rigorous imprisonment, along with a fine.
Example 3: Habitual Offender
- Scenario: Suresh frequently deals in stolen electronics, disregarding their origins.
- Legal Outcome: As a habitual offender, Suresh could be sentenced to life imprisonment or up to 10 years of imprisonment, plus a fine, under Sub-section (4).
Example 4: Concealing Stolen Property
- Scenario: Aman helps his friend hide stolen bicycles, fully aware they were stolen.
- Legal Outcome: Aman may face imprisonment up to 3 years, a fine, or both under Sub-section (5).
Common Questions and Answers
1. What is considered stolen property under Section 317?
- Property obtained through theft, extortion, robbery, cheating, criminal misappropriation, or breach of trust, whether the crime occurred within India or abroad.
2. Can someone be punished if they unknowingly receive stolen property?
- No. The law applies only if the person knows or has reasonable grounds to believe the property is stolen.
3. What are the punishments for dealing with stolen property?
- Simple cases: Up to 3 years of imprisonment and/or a fine.
- Serious cases (dacoity, habitual offenses): Life imprisonment or up to 10 years of imprisonment, plus a fine.
4. Does this law apply to stolen property from abroad?
- Yes, Section 317 applies to stolen property, regardless of whether the theft occurred within India or internationally.
5. What if I help someone hide stolen goods without knowing they were stolen?
- If you genuinely didn’t know the goods were stolen, you may not be liable. However, if evidence suggests you had reason to believe they were stolen, you could face legal consequences under Sub-section (5).
Conclusion
Section 317 BNS plays a crucial role in addressing crimes related to stolen property. It ensures that individuals involved in the acquisition, possession, or concealment of stolen goods are held accountable. The section distinguishes between casual involvement and serious offenses, ensuring fair and proportionate punishment.
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