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Section 411 - Dishonestly receiving stolen property | Indian Penal Code, 1860 vs The Bharatiya Nagarik Suraksha Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 411The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 317

Indian Penal Code, 1860

Section 411

Dishonestly receiving stolen property

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Indian Penal Code, 1860

411. Dishonestly receiving stolen property

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.

STATE AMENDMENT

State of Tamil Nadu:

Section 411 of principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following subsection shall be added, namely:-

"(2) Whoever dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than two years but which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the ,judgment, impose a sentence of imprisonment for a term of less than two years.".

[vide Tamil Nadu Act 28 of 1993, section 3].

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The Bharatiya Nagarik Suraksha Sanhita, 2023

Section 317

Stolen property

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The Bharatiya Nyaya Sanhita, 2023
Of receiving stolen property

317. Stolen property.

(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.

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317 (2)