Section 317: Stolen Property
Section 317 falls under Chapter 17 of the Bharatiya Nyay Sanhita (BNS). Chapter 17 covers offences against property. Each section under this chapter deals with different offences related to various property related crimes. Section 317 specifically deals with possession of stolen property. Let us take a closer look at its provisions.
Definition of BNS Section 317
Section 317 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(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.
Explanation and Illustration of BNS Section 317
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of possession of stolen property. Let us break down the section to get a better understanding of it.
Offence
This section has been divided into five subsections. While the first subsection defines stolen property for the purposes of this section, the remaining subsections define the punishment for the various aspects of the offence. Let us take a detailed look at them one by one.
Subsection (1) defines stolen property as any property that has been possessed by an act of
theft
extortion
robbery
cheating
criminal misappropriation
criminal breach of trust
It also clarifies that the property ceases to be stolen property only when it is returned into the possession of the person who was legally entitled to it before he or she was dispossessed of it through a criminal act. In other words, even if stolen property is later acquired by someone through honest means, it still remains stolen property. It also clarifies that the jurisdiction in which the above acts were committed is irrelevant. As long as the property was acquired by any means that are deemed illegal as per Indian laws, it shall be considered stolen property. So property stolen outside the jurisdiction of Indian laws still counts as stolen property under Indian laws.
Subsection (2) defines the punishment for possessing stolen property. It considers the possession of stolen property as an offence under this section if:
The person knows it is stolen property
Has reason to believe that the property is stolen.
In other words, if there are enough signs or traces for any reasonable person to decipher that the property was stolen, but are ignored by the person at the time of taking possession of the property, then it shall be considered as having knowingly procured stolen property.
Subsection (3) deals specifically with being in possession of items that have been acquired through dacoity.
Subsection (4) deals with persons who have been found to be habitual possessors of stolen goods. In other words, it deals with persons who are not first time offenders.
Subsection (5) deals with persons who assist in concealing and disposing stolen property.
Punishment
Any person found guilty of knowingly possessing stolen property shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Any person found guilty of knowingly possessing property acquired through an act of dacoity 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.
Any person who is found to be habitually dealing with stolen property in one form or another shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Any person found guilty of assisting in the concealing or disposal of stolen property shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Key Points in BNS Section 317
This section deals with: Stolen property
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 317 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 317 of BNS replaces Section 310, 311, 312, 313 & 314. of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 317 | Stolen Property | 310, 311, 312, 313, 314. | Five sections under the IPC have been clubbed into five subsections under this section. |
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FAQs about Section 317 of the Bharatiya Nyaya Sanhita (BNS)
What is considered "stolen property" under Section 317?
Any property that has been dispossessed from its rightful owner through robbery, theft or misappropriation is considered stolen property under Section 317.
Does receiving stolen property knowingly attract penalties?
Yes. Receiving stolen property knowingly is an offence under Section 317.
What is the punishment for possessing stolen property?
Any person found guilty of knowingly possessing property acquired through an act of dacoity 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.
Can someone be charged if they unknowingly purchase stolen property?
No. Intent is crucial in determining offence under Section 317. Unknowingly possessing stolen property cannot be an offence as there is no intent to possess such property.
What steps should victims take if their stolen property is recovered?
If any stolen property has been recovered, then the authorities must be informed so that the property can be declassified from the category of stolen property.
How does the law define "knowledge" of stolen property possession?
When a person knows or has reason to believe that a property is stolen property, it amounts to knowledge under this section.
