Section 105 of the Delhi Police Act, 1978: Melting, Altering or Concealing Suspected Stolen Property
Section 105 penalises specified interference with property covered by Section 104 after receipt of the relevant information, without prior police permission, where the statutory requirement concerning stolen or fraud-related property is proved.
Text of Section 105
Whoever having received such information as is referred to in section 104 alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property as is referred to in that section shall, on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code (45 of 1860) or property in respect of which any offence punishable under section 417, section 418, section 419 or section 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years or with fine, or with both.
Source: Delhi Police Act, 1978, official text (India Code PDF).
Meaning and scope of Section 105
The provision is designed to protect potentially stolen or fraud-related property from being transformed, disfigured or hidden after information of the kind described in Section 104 has been received. It covers direct acts as well as causing or permitting another person to perform them.
Altering means changing the property; melting includes reducing a metal article to molten form; defacing means damaging or obscuring its identifying appearance or markings; and putting away refers to removing or storing it in the circumstances contemplated by the section. Whether a particular act falls within the provision depends on the evidence.
Conditions for liability
For Section 105 to apply, the prosecution must establish the relevant statutory facts: receipt of information referred to in Section 104; alteration, melting, defacement or putting away of the property, including causing or allowing such action; absence of previous police permission; and proof that the property falls within the stolen-property or specified cheating-related categories identified in Section 105.
Section 104 addresses reporting obligations of pawnbrokers and certain other persons dealing with property suspected to be stolen. Read Section 104 of the Delhi Police Act alongside Section 105.
Punishment under Section 105
The maximum punishment is imprisonment for up to three years, or a fine, or both. The statutory text does not prescribe a fixed fine amount under this section. The actual sentence depends on the facts and applicable law.
Relationship with the Bharatiya Nyaya Sanhita, 2023
BNS Section 317(1) defines stolen property and expressly includes property transferred through cheating, as well as specified other offences. BNS Section 317(5) addresses knowing assistance in concealment or disposal of stolen property. BNS Section 318 deals with cheating, while BNS Section 319 concerns cheating by personation. These are related provisions, not an automatic replacement of the elements or penalty in Delhi Police Act Section 105.
Consult the Bharatiya Nyaya Sanhita on India Code and the Ministry of Home Affairs official criminal laws page for the current central legislation.
Practical example
Suppose a dealer receives the information contemplated by Section 104 about a gold ornament suspected to be stolen. If the dealer then melts the ornament without prior police permission, Section 105 may be attracted if the prosecution also proves the required connection with stolen property or the specified cheating offences. Suspicion alone does not dispense with the section's proof requirements.
Frequently asked questions
Does Section 105 prohibit every melting of jewellery?
No. It concerns property and circumstances specified by Sections 104 and 105, not ordinary lawful melting or repair of jewellery.
Is prior police permission relevant?
Yes. The provision expressly refers to alteration, melting, defacement or putting away without previous permission of the police.
Can imprisonment and a fine both be imposed?
Yes. Section 105 provides for imprisonment up to three years, a fine, or both.
Official legal references
Delhi Police Act, 1978 - official PDF; Bureau of Police Research and Development - new criminal laws; National Crime Records Bureau - criminal law comparison resources.
Legal information for general reference. Application to individual cases depends on the facts, statutory amendments, transitional rules and judicial interpretation.