Section 410 IPC: Stolen Property - Meaning, Definition and BNS Section 317
Section 410 of the Indian Penal Code, 1860 defined the expression stolen property. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024, is Section 317(1). The definition matters when determining whether possession, retention or dealing in property attracts separate criminal liability.
Text of Section 410 IPC - Stolen property
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.
What is stolen property under Indian criminal law?
Under the IPC definition, property may be classified as stolen property if possession was transferred by theft, extortion or robbery, or where the property was criminally misappropriated or subjected to criminal breach of trust. The statutory definition is broader than property taken by theft alone.
The BNS continues to address the meaning of stolen property under Section 317(1). Its exact statutory wording should be consulted for a case governed by the BNS, rather than assuming that every phrase of the earlier IPC text is identical.
Relevant expressions
- Theft: Dishonestly moving movable property out of another person's possession without consent, as defined by the applicable criminal statute.
- Extortion: Dishonestly inducing delivery of property or a valuable security through fear of injury, subject to the statutory ingredients.
- Robbery: Theft or extortion accompanied by the additional violence, fear or other conditions specified by law.
- Criminal misappropriation: Dishonest misappropriation or conversion of movable property to one's own use.
- Criminal breach of trust: Dishonest misuse, conversion or disposal of property entrusted to a person, contrary to the governing legal obligation or contract.
Key features of Section 410 IPC
- Underlying unlawful act: The property must have acquired the statutory character through one of the specified offences.
- Location is not decisive: The IPC text expressly covers specified acts committed within or outside India.
- Lawful recovery changes status: Property ceases to be stolen property under the IPC definition once it comes into the possession of a person legally entitled to possess it.
- Definition and liability are distinct: A person is not automatically guilty merely because an item is stolen property. Separate offence provisions, including the relevant mental element, must be established.
IPC Section 410 and BNS Section 317 - comparison
| Issue | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Definition of stolen property | Section 410 | Section 317(1) |
| Dishonestly receiving stolen property | Section 411 | Section 317(2) |
| Other receiving or dealing offences | Sections 412-414 | Other subsections of Section 317 |
| Applicability | Earlier offences and saved proceedings, as applicable | Generally offences from 1 July 2024 |
Does Section 410 IPC prescribe punishment?
No. Section 410 IPC defines stolen property; it does not itself prescribe imprisonment or fine. Under the former IPC, Section 411 separately punished dishonest receipt or retention of stolen property with knowledge or reason to believe it was stolen. Under the BNS, Section 317(2) addresses the corresponding offence. Other provisions may apply depending on the conduct and circumstances.
Illustrative situations
- Stolen mobile phone: A phone taken dishonestly from its owner may be stolen property. A subsequent buyer's criminal liability depends on the applicable receiving-property offence and proof of its elements.
- Entrusted money: Money dishonestly converted by a person entrusted with it may fall within the definition, even though it was not originally taken by theft.
- Recovered property: If the property is returned to a person legally entitled to possess it, the last sentence of Section 410 IPC provides that it ceases to be stolen property.
Case law reference
Chand Mal, AIR 1976 SC 917. This Supreme Court citation appeared in the original page's list of cases associated with Section 410 IPC. Readers should consult the full judgment to identify its precise facts, holding and relevance before relying upon it in legal proceedings.
Frequently asked questions
Is Section 410 IPC still in force for new offences?
The BNS replaced the IPC with effect from 1 July 2024 for new offences, subject to the applicable savings and transition rules. The corresponding BNS definition is Section 317(1).
Is property obtained by criminal breach of trust stolen property?
Yes, Section 410 IPC expressly included property in respect of which criminal breach of trust had been committed.
Does buying stolen property automatically make a buyer guilty?
No. The applicable receiving-stolen-property offence has its own elements, including the requisite knowledge or reason to believe, which must be proved.
Can stolen property cease to be classified as stolen property?
Yes. Section 410 IPC states that it ceases to be stolen property if it subsequently comes into the possession of a person legally entitled to possess it.
Official legal sources and related reading
- India Code - official repository of Indian central legislation (search for the Indian Penal Code, 1860 and the Bharatiya Nyaya Sanhita, 2023).
- Ministry of Home Affairs - criminal law reform resources.
- Section 405 IPC - criminal breach of trust.
- Section 406 IPC - punishment for criminal breach of trust.
- Section 410 IPC - related statutory reference page.
Legal information only. The applicable law, date of occurrence and facts of the individual matter determine the result. Updated: 30 October 2026.