Bharatiya Nyaya Sanhita, 2023

Section 155 BNS: Receiving Property Taken by War or Depredation under Sections 153 and 154

Act No. 45 of 2023 • In force from 1 July 2024 • Last reviewed: 8 September 2026

Section 155 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who receives property while knowing that the property was taken in the commission of an offence under Section 153 or Section 154. The punishment may extend to seven years, and the offender is also liable to fine and forfeiture of the property received.

Text of Section 155 of the Bharatiya Nyaya Sanhita, 2023

155. Receiving property taken by war or depredation mentioned in sections 153 and 154.

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.

Meaning and Scope of Section 155 BNS

Section 155 is an offence against the State that deals with property derived from the serious offences described in Sections 153 and 154 of the BNS. It does not punish receipt of property merely because the property has some remote connection with unlawful activity. The statutory language requires both receipt of the property and knowledge of its source.

Section 153 BNS concerns waging, attempting to wage, or abetting war against the Government of a foreign State at peace with the Government of India. Section 154 BNS concerns committing depredation, or making preparations to commit depredation, on the territory of such a foreign State.

Property received The accused must receive property.
Source of property The property must have been taken in the commission of an offence under Section 153 or Section 154.
Knowledge The accused must know that the property was taken in the commission of one of those offences.
Property consequence The property received is liable to forfeiture upon conviction under the section.

Essential Ingredients of an Offence under Section 155

To establish an offence under Section 155, the prosecution must prove the ingredients stated in the provision. In broad terms:

  • The accused must have received property.
  • The property must have been taken in the commission of an offence mentioned in Section 153 or Section 154.
  • At the time relevant to the alleged receipt, the accused must have known that the property had been taken in the commission of such an offence.
  • The prosecution must prove these facts through admissible evidence in accordance with applicable criminal procedure and evidence law.

The section therefore links the receiving offence directly to the underlying offences in Sections 153 and 154. Proof of the source of the property is material because Section 155 applies only to property taken in the commission of those specified offences.

Knowledge is a Key Requirement under Section 155

The word "knowing" is central to Section 155. Mere physical possession, custody or receipt of property does not by itself reproduce the full statutory offence unless the required knowledge is proved.

Whether knowledge existed in a particular case may be inferred or established from admissible evidence and surrounding circumstances, subject to the normal rules governing criminal proof. Relevant facts can include the nature of the transaction, the circumstances of receipt, statements, communications, conduct, and other evidence connecting the recipient with the known source of the property.

Key point: The prosecution must address both sides of the offence: receipt of the property and knowledge that it was taken in the commission of an offence under Section 153 or 154.

Punishment, Fine and Forfeiture under Section 155 BNS

Consequence Section 155 provision
Imprisonment Imprisonment of either description for a term which may extend to seven years.
Fine The offender shall also be liable to fine.
Forfeiture The property received is liable to forfeiture.

The sentence and any property-related order are determined by the competent court according to the proven facts and applicable law.

Commencement and Current Legal Context

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023 and was enacted on 25 December 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the Sanhita, except Section 106(2), came into force. Section 155 is therefore operative from 1 July 2024.

Section 155 substantially carries forward the subject matter of former Section 127 of the Indian Penal Code, 1860. Former Section 127 punished receiving property taken in offences under IPC Sections 125 and 126; Section 155 BNS updates the cross-references to BNS Sections 153 and 154.

Legal information notice: This page is a general legal reference. Whether a person "received" property, whether the required knowledge existed, the link with Sections 153 or 154, and the consequences of forfeiture depend on the facts and binding judicial interpretation.