Section 412 IPC: Receiving Property Stolen in Dacoity - BNS Section 317(3)

What does Section 412 IPC provide?

The former Section 412 IPC states:

Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Thus, the offence is more serious than ordinary receiving of stolen property because it concerns property obtained through dacoity or stolen property received from a known or suspected member of a gang of dacoits.

Current law: Section 317(3) BNS

Section 317(3) of the Bharatiya Nyaya Sanhita, 2023 substantially carries forward the offence formerly dealt with by Section 412 IPC. It covers dishonest receipt or retention of stolen property where the recipient knows or has reason to believe that possession was transferred by dacoity. It also covers dishonest receipt of stolen property from a person known or reasonably believed to belong, or formerly to have belonged, to a gang of dacoits.

Punishment: Imprisonment for life, or rigorous imprisonment for a term extending to ten years, and liability to fine.

Read the authoritative text on India Code (official legislative database); search for the Bharatiya Nyaya Sanhita, 2023, Section 317.

Essential ingredients of the offence

1. The accused received or retained property dishonestly.
2. The property was stolen property connected with dacoity, and the accused knew or had reason to believe its possession had been transferred by dacoity; or the accused received stolen property from someone known or reasonably believed to be or have been a member of a gang of dacoits.
3. The required knowledge or reason to believe, and the dishonest mental element, must be established from admissible evidence and surrounding circumstances.

Merely possessing goods later found to be stolen does not automatically prove this aggravated offence. The prosecution must establish the statutory mental elements and relevant connection to dacoity or the gang.

Meaning of important legal terms

Dacoity

Under Section 310 BNS (formerly Section 391 IPC), dacoity broadly involves five or more persons conjointly committing or attempting robbery, or being present and aiding its commission or attempt.

Stolen property

Section 317(1) BNS defines stolen property by reference to property whose possession has been transferred through specified offences such as theft, extortion, robbery, cheating, criminal misappropriation or criminal breach of trust, subject to the statutory qualification when it comes into the possession of a person legally entitled to it. The earlier IPC definition was in Section 410.

Dishonestly and reason to believe

Dishonesty concerns intention to cause wrongful gain or wrongful loss. Reason to believe requires sufficient cause to believe a fact; it is more than a bare suspicion. The applicable statutory definitions and evidence must be considered.

Punishment and procedural position

Procedural classifications should be checked against the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean bail is impossible; the court decides according to applicable law and facts.

Difference between Sections 411 and 412 IPC

Section 411 IPC (now substantially Section 317(2) BNS) addresses dishonest receiving or retention of stolen property generally, with punishment up to three years, or fine, or both. Section 412 IPC (now Section 317(3) BNS) deals with the more serious dacoity or gang-of-dacoits connection and prescribes a substantially higher sentence.

Related former IPC provisions include Section 411, Section 413 and Section 414.

Which law applies to older offences?

The BNS came into force on 1 July 2024. Conduct occurring before that date must be assessed with reference to the law applicable at the time, including the IPC and applicable saving and transitional provisions. The change in numbering does not retrospectively convert an earlier IPC offence into a BNS offence.

Official statutory sources

For the current wording, commencement notifications and procedural schedules, consult India Code and the Ministry of Home Affairs. These are statutory source links in the article body, not sidebar menu items.

Frequently asked questions

Is receiving property stolen in dacoity a non-bailable offence?

Yes. The offence under Section 317(3) BNS is classified as non-bailable; bail remains subject to judicial determination.

Is proof of participation in the dacoity required?

No. This receiving-property offence is distinct from participating in dacoity, but its own elements, including the required knowledge or reason to believe, must be proved.

What is the punishment under Section 412 IPC?

Life imprisonment, or rigorous imprisonment extending to ten years, and liability to fine.