Stolen Property, dishonestly receiving stolen property, dishonestly receiving property stolen in commission of dacoity, habitually dealing in stolen property, assisting in concealment of stolen property are defined under Section 410, 411, 412, 413 and 414 of Indian Penal Code 1860. Provisions under these sections are:
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 1 *** 2 ***criminal breach of trust has been committed, is designated as "stolen property", 3 [whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 4 [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.
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1. The word "the rep" by Act 12 of 1891, s. 2 and the First Sch.
2. The words "offence of" rep by Act 8 of 1882, s. 9.
3. Ins. by s. 9, ibid.
4.
The words "British India" have successively been subs. by the A. O. 1948,
the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
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].
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 1 [imprisonment for life], or with
rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).
Whoever habitually receives or deals in property which he knows or has
reason to believe to be stolen property, shall be punished with 1
[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.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).
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.
CRIMINAL BREACH OF TRUST
Section 405 of Indian Penal Code 1860 - What is Criminal Breach of Trust?