Indian criminal law | IPC and BNS

Section 413 IPC: Habitually Dealing in Stolen Property - BNS Section 317(4)

Section 413 of the Indian Penal Code, 1860 punished persons who habitually received or dealt in stolen property with knowledge, or reason to believe, that it was stolen. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 317(4).

Current law: The BNS came into force on 1 July 2024. For conduct before that date, the IPC may continue to govern substantive liability, subject to the applicable repeal, savings and transitional provisions. The date and facts of the alleged offence matter.

Text of Section 413 IPC

Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Corresponding Provision: Section 317(4) BNS

Section 317(4) of the Bharatiya Nyaya Sanhita, 2023 continues the offence of habitually receiving or dealing in stolen property with knowledge or reason to believe it is stolen. The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine.

Read the official BNS provisions published by NCRB.

Meaning of Stolen Property

Section 317(1) BNS defines stolen property to include property whose possession has been transferred by theft, extortion, robbery or cheating, and property criminally misappropriated or affected by criminal breach of trust. It may include acts committed within or outside India. Property ceases to be stolen property when it subsequently comes into the possession of a person legally entitled to possess it.

Under the former IPC, the definition appeared in Section 410. The BNS definition expressly includes property transferred through cheating.

Essential Ingredients of the Offence

The property concerned must qualify as stolen property under the applicable statute.
The accused must have received or dealt in that property.
The accused must have known, or had reason to believe, that the property was stolen.
The receiving or dealing must be habitual, not merely an isolated transaction. The prosecution must establish a course or pattern of conduct from the evidence.

Suspicion alone does not automatically establish guilt. The prosecution must prove the required elements beyond reasonable doubt. The significance of multiple transactions, records, circumstances and the accused's knowledge depends on the evidence in each case.

Punishment and Classification

Issue	Legal position
Former law	Section 413 IPC
Current corresponding law	Section 317(4) BNS
Punishment	Imprisonment for life, or imprisonment of either description up to 10 years, and fine
Cognizability	Cognizable
Bail classification	Non-bailable (bail may be granted by a competent court)
Trial court	Court of Session

The classification for BNS Section 317(4) appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). See the official BNSS text and First Schedule.

Difference Between Sections 411 and 413 IPC

Section 411 IPC (now broadly reflected in BNS Section 317(2)) deals with dishonest receipt or retention of stolen property with the required knowledge or reason to believe. Section 413 IPC (now BNS Section 317(4)) adds the distinct element of habitual receiving or dealing and carries a substantially higher maximum sentence.

Illustrative Example

A trader repeatedly buys and resells stolen electronic devices while knowing, or having reason to believe, that they are stolen. If the prosecution proves the recurring practice and other legal elements, Section 317(4) BNS may be attracted. A single purchase, without proof of habitual conduct, does not by itself establish this particular offence, although another provision may apply.

Related Provisions

Section 317(2) BNS: Dishonestly receiving or retaining stolen property.
Section 317(3) BNS: Receiving stolen property connected with dacoity.
Section 317(5) BNS: Assisting in concealment or disposal of stolen property.
Section 318 BNS: Cheating and its related punishments.

Frequently Asked Questions

Is Section 413 IPC still applicable?

It remains relevant to offences committed while the IPC was in force, subject to the legal savings and transitional rules. For offences committed from 1 July 2024, the corresponding BNS provision is Section 317(4).

Is the offence bailable?

No. Section 317(4) BNS is classified as non-bailable under the BNSS First Schedule. Non-bailable does not mean bail is legally impossible.

Does a single transaction amount to habitual dealing?

A single transaction ordinarily cannot, by itself, establish habitual dealing. Evidence of a recurring pattern is important.

Official Legal Sources

Legal information updated 31 October 2026. This general guide does not replace advice based on the facts of a particular case.