BNS Section 155: Receiving Property Taken by War or Depredation Mentioned in Sections 153 and 154
Section 155 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita Act, 2023. It specifically deals with the offense of receiving property taken by war or depredation, as outlined in Sections 153 and 154. This section targets individuals who knowingly receive, possess, or engage in transactions involving property acquired through acts of war, plunder, or large-scale violent theft.
Definition of BNS Section 155
Section 155 of the BNS 2023 States:
Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
Explanation and Illustration of BNS Section 155
Section 155 criminalises the receipt of property that is known to have been obtained through war, looting, or mass violence theft, as provided in Sections 153 and 154. The section includes scenarios where the receiver knows that the property was acquired illegally but still decides to accept, buy, or handle it.
Illustrations
Suppose a person, with full knowledge, accepts or receives a large amount of money, jewelry, or any other valuable property knowing that these things were acquired by committing a crime, waging a war against India or looting the territories of any foreign State at peace with the Government of India.
According to this chapter, the offender would be subjected to imprisonment for a term not exceeding 7 years, with the possibility of a fine, and the goods they acquired would be confiscated to the state.
Key Points in Section 155
Section 155 of the BNS 2023 penalises individuals who knowingly receive property obtained through offenses listed in Sections 153 and 154. Here is an outline of the same:
- Section 155 refers to acquiring or taking possession of property (money, goods, or any other items of value). The individual does not have to be the one who directly committed the crime, but they are held accountable if they receive property that has been unlawfully obtained.
- The individual must have knowledge that the property was taken through the commission of an offense as defined in Sections 153 or 154
- The penalty for receiving such property is imprisonment of either description for up to seven years.
- The individual is also liable to a fine
Differences Between Section 155 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 155 of BNS and its equivalent IPC section 127 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 155 | Receiving property taken by war or depredation mentioned in Sections 153 and 154. | 127 | No change. |
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FAQs about Section 155 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 155 criminalize?
It criminalises receiving property knowingly taken during crimes like waging war (Section 153) or mutiny (Section 154)
What types of property are covered?
Any property (e.g., money, goods, weapons) obtained through illegal acts such as war or mutiny.
What is the punishment under Section 155?
Do I need to be directly involved in the crime to be punished?
No. You only need to know the property was obtained through illegal means.
What does 'knowingly receiving' mean?
It means being aware that the property was taken during a crime like mutiny or war.
What happens if the property isn't returned?
The property is forfeited by law, regardless of whether it’s returned voluntarily.
Is intent required for punishment?
No. Knowledge of the property’s illegal origin is sufficient, regardless of intent to assist the crime.
