Receiving Stolen Property (Section 410 to Section 414 of the Indian Penal Code 1860)

        Section 410 to Section 414 of the Indian Penal Code 1860 deals with Receiving Stolen property. Stolen property is defined under Section 410 of the Code.   


Stolen property.

           Section 410 of the Indian Penal Code says that, property, the possession whereof has been transferred by theft or by extortion or by robbery 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.

         According to Section 410 of the Indian  Penal Code, a property will be termed as stolen property the possession of which has been transferred by any of the following ways   -

i) Theft

ii) Extortion;


iii) Robbery

iv) Criminal misappropriation;

v) Criminal Breach of trust 


Ingredients 

     To invoke Section 410 of the Indian Penal code following essential ingredients are to be satisfied.

   (1) Property is stolen Property if
         
              (i) Possession thereof has been transferred by theft, extortion or robbery, or
             (ii) It is Property which has been criminally misappropriated or in respected of which criminal breach of trust has been committed.

   (2) It is immaterial whether the transfer has been made or the misappropriation or breach of trust committed within or without India

   (3) But if Such property subsequently comes into possession of a person legally entitled to its possession then it ceases to be stolen property.



 Dishonestly receiving stolen property :

      Section 411 of the Code says that 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.


Ingredients : 

                   To bring the guilt of a person under Section 411 of the Indian Penal Code 1860, the prosecution must prove that  -

     (1) The stolen property was in possession of the accused.
     (2) That some person other than the accused had possession of the property before the accused got possession of it.  
     (3) That the accused had knowledge that the property was stolen.


         Offence under Section 411 of the Code is cognizable, non-bailable, compoundable with the permission of the court and triable by any Magistrate.  



Dishonestly receiving property stolen in the commission of a dacoity

          Section 412 of the Indian Penal Code says that, 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.

     Section 412 of the Code seeks to punish persons receiving any property stolen in the commission of dacoity.

Ingredients 

       To invoke Section 412 of the Indian Penal Code 1860 following ingredients are to be satisfied.

(1) The property is stolen property;

(2) The said property was concerned with dacoity;

(3) The accused dishonestly receives it;

(4) The accused knew or had reason to believe that the said property was stolen in dacoity.


   The offence under Section 412 of the Indian Penal Code is cognizable, non-bailable, non-compoundable and triable by session of Court.

Habitually dealing in stolen property : 

              According to Section 413 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.


Ingredients 

(1) The property in question is stolen property;

(2) The accused received it;

(3) Thea accused did so habitually;

(4) The accused did so knowingly or having reason to believe that the Property was stolen property.


    The offence under this Section is Cognizable, non-bailable, non-compoundable and triable by Court of Session.


Assisting in concealment of stolen property : 

    According to Section 414 of the Indian Penal Code, 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.

Ingredients :

(1) The property in question is stolen property.

(2) The accused has knowledge  or reasons to believe that such property was stolen property; and

(3) The accused volunterily assisted in concealing or disposing of or making away with such property.


      The offence under Section 414 of the Indian Penal Code is cognizable, non-bailable, compoundable and triable by any Magistrate.



See also 

1) Abetment to Commit Suicide (Section 305 & 306 of the Indian Penal Code 1860)

2) Criminal Misappropriation of Property (Section 403 and Section 404 of the Indian Penal Code ) 

3) Wrongful confinement : Offences affecting the Human Body (Indian Penal Code, 1860)

4) Offences Relating to Religion (Section 295 to Section 298 of the Indian Penal Code 1860)

5) Offences Relating to Weights and Measures (Indian Penal Code,1860)