Bharatiya Nyaya Sanhita, 2023
BNS Section 317
Stolen property
In one line
BNS Section 317 deals with stolen property and replaces IPC 410 (now 317(1)), IPC 411 (now 317(2)), IPC 412 (now 317(3)), IPC 413 (now 317(4)), IPC 414 (now 317(5)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 317(2) | Dishonestly receiving stolen property knowing it to be stolen. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 317(3) | Dishonestly receiving stolen property, knowing that it was obtained by dacoity. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 317(4) | Habitually dealing in stolen property. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 317(5) | Assisting in concealment or disposal of stolen property, knowing it to be stolen. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 317
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.
What changed from the IPC
- IPC 410 → BNS 317(1): Word "cheating" is added.
- IPC 411 → BNS 317(2): IPC Section is included as sub-section in BNS sans heading.
- IPC 412 → BNS 317(3): IPC Section is included as sub-section in BNS sans heading.
- IPC 413 → BNS 317(4): IPC Section is included as sub-section in BNS sans heading.
- IPC 414 → BNS 317(5): IPC Section is included as sub-section in BNS sans heading.
Frequently asked
What was BNS Section 317 in the IPC?
BNS Section 317 (Stolen property) replaces Sections 410, 411, 412, 413, 414 of the Indian Penal Code, 1860. IPC 410 is now BNS 317(1). IPC 411 is now BNS 317(2). IPC 412 is now BNS 317(3). IPC 413 is now BNS 317(4). IPC 414 is now BNS 317(5).
What is the punishment under BNS 317(2)?
Dishonestly receiving stolen property knowing it to be stolen – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 317(3)?
Dishonestly receiving stolen property, knowing that it was obtained by dacoity – punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 317(4)?
Habitually dealing in stolen property – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 317(5)?
Assisting in concealment or disposal of stolen property, knowing it to be stolen – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
Is BNS 317 bailable?
Non-bailable: BNS 317(2), 317(3), 317(4), 317(5). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 312 — Attempt to commit robbery or dacoity when armed with deadly weapon
- BNS 313 — Punishment for belonging to gang of robbers, etc
- BNS 314 — Dishonest misappropriation of property
- BNS 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death
- BNS 316 — Criminal breach of trust
- BNS 318 — Cheating
- BNS 319 — Cheating by personation
- BNS 320 — Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- BNS 321 — Dishonestly or fraudulently preventing debt being available for creditors
- BNS 322 — Dishonest or fraudulent execution of deed of transfer containing false statement of consideration