IPC Section 410: Stolen Property - Meaning, Scope and BNS Section 317
Section 410 of the Indian Penal Code, 1860 defines when property is considered stolen property. The corresponding definition under the Bharatiya Nyaya Sanhita, 2023 (BNS) appears in Section 317(1).
Section 410 IPC - Statutory Definition
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 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.
The definition includes property connected with theft, extortion, robbery, criminal misappropriation or criminal breach of trust. The law also addresses conduct occurring outside India and the point at which the property ceases to have the legal character of stolen property.
Corresponding Provision: Section 317(1) BNS, 2023
Section 317(1) of the Bharatiya Nyaya Sanhita defines stolen property by reference to property whose possession has been transferred through theft, extortion or robbery, or which has been criminally misappropriated or subjected to criminal breach of trust. It also covers qualifying acts committed inside or outside India. The property ceases to be stolen property when it comes into the possession of a person legally entitled to possess it.
Thus, the underlying definition continues in the new criminal code, although the applicable section number has changed from IPC 410 to BNS 317(1).
What Is Stolen Property?
- Theft: Property dishonestly taken from another person's possession without consent in circumstances constituting theft.
- Extortion: Property delivered because of the unlawful inducement of fear as defined by the relevant penal provision.
- Robbery: Property obtained through conduct meeting the statutory definition of robbery.
- Criminal misappropriation: Property dishonestly converted or misappropriated for a person's own use.
- Criminal breach of trust: Entrusted property dishonestly misappropriated, converted, used or disposed of in breach of the governing legal obligation.
Key Legal Features of Section 410 IPC
1. The origin of the property matters
Property may fall within the definition even where the person presently holding it was not the original thief or wrongdoer. Separate offences concerning receiving or retaining stolen property require their own statutory elements to be proved.
2. Acts outside India can be relevant
The definition expressly covers qualifying transfers, misappropriation and breach of trust committed within or outside India. Whether an Indian court can try a particular offence depends separately on jurisdictional law.
3. The status can end through lawful possession
Property ceases to be stolen property when it subsequently comes into the possession of a person legally entitled to possess it. Merely passing it from one unauthorised holder to another does not necessarily end its stolen character.
IPC Section 410 and BNS Section 317: Comparison
| Issue | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Definition of stolen property | Section 410 | Section 317(1) |
| Receiving or retaining stolen property | Section 411 | Section 317(2) |
| Receiving property stolen in dacoity | Section 412 | Section 317(3) |
| Habitually dealing in stolen property | Section 413 | Section 317(4) |
| Assisting concealment or disposal | Section 414 | Section 317(5) |
The definition itself is not a standalone punishment provision. Any penalty depends on the particular offence charged and the applicable law.
Practical Illustrations
Example 1 - Stolen goods: A person steals a mobile phone and sells it to another person. The phone may remain stolen property even after the sale. Whether the buyer commits an offence depends on the elements of the receiving or retaining offence, including the required knowledge or reason to believe.
Example 2 - Entrusted funds: An employee dishonestly diverts money entrusted to them in the course of employment. The money may fall within the definition because of criminal breach of trust, subject to proof of the offence.
Example 3 - Return to lawful possession: Police recover a stolen item and restore it to a person legally entitled to possess it. Once that person has possession, the statutory definition provides that the item ceases to be stolen property.
Frequently Asked Questions
Does Section 410 IPC impose punishment?
No. Section 410 defines stolen property. The relevant receiving, retaining, concealment or other offence provisions prescribe penalties.
What replaced IPC Section 410?
Section 317(1) of the Bharatiya Nyaya Sanhita, 2023 contains the corresponding definition.
Can stolen property originate from a breach of trust?
Yes. Both the IPC and BNS definitions expressly include property in respect of which criminal breach of trust has been committed.
Is every purchaser of stolen goods guilty of an offence?
No. Criminal liability for receiving or retaining stolen property requires proof of the applicable statutory elements, including the requisite knowledge or reason to believe the property was stolen.
Official Legal Sources and Related Reading
Consult the official India Code repository for the Indian Penal Code, 1860 and the Bharatiya Nyaya Sanhita, 2023. Check the current statutory text, amendments and commencement provisions when applying the law to a specific case.
Related provisions: IPC Section 405 - Criminal breach of trust; IPC Section 409 - Criminal breach of trust by public servant, banker or agent.
This article provides general legal information and does not replace advice on the facts of an individual case.