1. Code

Section 127 of the Indian Penal Code (IPC) deals with the offense of receiving property taken by war or depredation.

2. Explanation

This section states that whoever receives or possesses any property taken by war or depredation, knowing it to have been so taken, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

This section applies to the following situations:

• Property taken by war: This refers to property seized or acquired by a belligerent power during an armed conflict.
• Property taken by depredation: This refers to property taken by plunder or robbery, especially during a period of unrest or upheaval.

Key Elements of the Offense:

• Receiving or possessing property: The accused must have received or possessed the property in question.
• Knowledge: The accused must have known that the property was taken by war or depredation.
• Property taken by war or depredation: The property must have been taken through acts of war or plunder.

3. Illustration

During a war, a soldier from the enemy nation seizes a civilian’s jewelry. After the war, a person buys this jewelry from the soldier, knowing it was taken during the war. This person would be guilty under Section 127 as they received property taken by war with knowledge of its origin.

4. Common Questions and Answers

Q: Can someone be convicted under Section 127 if they did not know the property was taken by war or depredation?

A: No, knowledge is an essential element of the offense. If the accused did not know the property was taken by war or depredation, they cannot be convicted under this section.

Q: What is the punishment for an offense under Section 127?

A: The punishment is imprisonment for up to ten years and a fine.

Q: What is the difference between Section 125 and 126, which are mentioned in Section 127?

A: Section 125 deals with “abetment of mutiny, or of an attempt to seduce a soldier, sailor or airman from his allegiance”, while Section 126 deals with “abetment of desertion of a soldier, sailor or airman”. Section 127 deals with receiving property taken by war or depredation, which is a separate offense from abetment of mutiny or desertion.