IPC Section 127 and BNS Section 155: Receiving Property Taken by War or Depredation
Section 127 of the Indian Penal Code, 1860, punished knowingly receiving property taken through offences under IPC Sections 125 or 126. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023, is Section 155, which refers to BNS Sections 153 and 154.
What did IPC Section 127 provide?
Under IPC Section 127, a person who received property knowing it had been taken in the commission of an offence described in IPC Section 125 or Section 126 could be punished with imprisonment of either description for up to seven years, and was also liable to a fine and forfeiture of the property received.
Current corresponding law: BNS Section 155
Section 155 of the Bharatiya Nyaya Sanhita, 2023 is titled Receiving property taken by war or depredation mentioned in sections 153 and 154. It penalises receiving property with knowledge that the property was taken in the commission of either of those offences. The punishment remains imprisonment of either description for up to seven years, along with liability to a fine and forfeiture of the property received.
Read the statutory wording in the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF).
Essential ingredients of the offence
- Receipt of property: The accused must have received property.
- Connection with a specified offence: The property must have been taken in an offence covered by the relevant war or depredation provisions.
- Knowledge: At the time of receipt, the accused must have known that the property was taken through the specified offence. Mere possession, without the required knowledge and other ingredients, does not by itself establish this offence.
Meaning of the related legal provisions
BNS Section 153 (formerly IPC Section 125)
Section 153 concerns waging war, attempting to wage war, or abetting the waging of war against the government of a foreign State at peace with the Government of India.
BNS Section 154 (formerly IPC Section 126)
Section 154 concerns committing depredation, or making preparations to commit depredation, on the territory of a foreign State at peace with the Government of India. In this context, depredation generally refers to hostile plundering or pillaging of property; the statutory elements govern each case.
Punishment and procedural classification
| Issue | IPC Section 127 / BNS Section 155 |
|---|---|
| Maximum imprisonment | Up to seven years, of either description |
| Fine | Also liable to fine |
| Forfeiture | Property so received is liable to forfeiture |
| Classification under current BNSS First Schedule | Cognizable and non-bailable |
| Trial court under current BNSS First Schedule | Court of Session |
Cognizable means police may investigate a cognizable offence without a Magistrate's order in accordance with law. Non-bailable means bail is not an automatic right merely by reason of the classification; bail remains subject to the applicable statutory provisions and judicial determination.
IPC Section 127 and BNS Section 155 compared
| Earlier IPC provision | Corresponding BNS provision |
|---|---|
| Section 127: Receiving property taken by war or depredation mentioned in Sections 125 and 126 | Section 155: Receiving property taken by war or depredation mentioned in Sections 153 and 154 |
| References IPC Sections 125 and 126 | References BNS Sections 153 and 154 |
| Up to seven years, fine and forfeiture | Up to seven years, fine and forfeiture |
Illustrative example
If property is taken during an act constituting depredation under BNS Section 154 and another person knowingly receives that property with awareness of its origin, the recipient may attract BNS Section 155, subject to proof of all statutory ingredients. The precise outcome depends on the evidence and facts.
Frequently asked questions
Which BNS section corresponds to IPC Section 127?
BNS Section 155 corresponds to IPC Section 127.
What is the maximum punishment?
Imprisonment of either description for up to seven years, together with liability to a fine and forfeiture of the property received.
Is BNS Section 155 bailable?
No. The offence is classified as non-bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Does merely receiving property amount to the offence?
No. The prosecution must establish the required knowledge and the connection to an offence under BNS Section 153 or 154, in addition to receipt.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - India Code (official text)
- India Code - Government of India statutory database
- Ministry of Home Affairs - criminal law notifications and resources
Disclaimer: This article provides general legal information, not case-specific legal advice. The law applicable to an incident depends, among other things, on when it occurred and the relevant saving and procedural provisions.