Friday, 27 May 2022

Receiving stolen property

 Receiving stolen property is coved under Section 410-41

If a person attains an article or property it aimed for, after it has committed the offence of theft , can keep it with itself , for its own use or may pass it on to somebody else or say sell it to the third person.
Section 410 defines what is a stolen property
whatever property that has been attained by the act of theft , extortion , dacoity ,robbery , criminal misappropriation by a person , group of people can be said aa stolen property or say the transfer of possession of such property by unlawful means .
The geographical position of the occurance of this acts can be in India or outside India.
Exception – If a property comes to the person legally entitled to the possession ,the in cease to be a stolen property

Section 411 – dishonestly receiving stolen property
If a person acquires the possession of stolen property even after the mere knowledge that the property he/she is receiving is a stolen property should be punished
for example – B stole Cycle of A. B offered it to sell it to C. C knowing that B is not the owner of the cycle and it is a stolen property , still agrees to buy it.
Here C is liable for punishment of imprisonment of up to three year or punishment or both
It is a cognizable , non-bailable offence and any magistrate can conduct a trial for offence conducted under Section 411.

Section 412 to 414 speaks about punishment of this act
Section - 412
If someone receives or retains a property knowing the fact that the property he/she is receiving or attaining is a property  attained by the unlawful act of dacoity by other person, can be sentenced life imprisonment , or with rigorous imprisonment for a term which ay extend to ten years, and shall also be liable to fine
These offences are cognizable , non- bailable offence , non – compoundable offences and the trial can be conducted in Court of Session .
For example – A group of 5 or more people dacoited a house , in which they stole money and valuables of the  house .

Mr.A bought an antique clock that was dacoited , knowingly or dishonestly that it is a dacoited article is liable for the offence and punishment mentioned under Section – 412 of IPC.

Speaks about Habitually dealing in stolen properties
Punishment – Life imprisonment or with imprisonment of either description for a term which may extend upto 10 years, and shall also be liable for fine.

Section 414 – Concealment of stolen properties
If a person or assists the person who is stealing or committing an act of theft , is also committing an offence and can be punished.
For example – Mr. Keth decided to steal money from Mr. Lal , in which Mr. Kohli knowingly it is stealing assisted and helped Mr. Keth to carry on the process and execute the plan. He would be liable for imprisonment for upto 3 years or fine or both.
It is a cognizable , non – bailable offence and magistrate can conduct the trial for offence conducted by Mr.kohli.

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