Sunday, 26 August 2018

Notes on offence of receiving of stolen property

Receiving stolen property (S 410- 414)
Ordinarily a culprit who obtains property by theft of other criminal means would be anxious to dispose it of,mainly with a view to destroy evidence,and also to convert it into money.If the receiver were to go unpunished,robbers and thieves would prosper.S 411 to 414 are enacted to punish receivers of stolen property.Thus receiving or obtaining stolen property,knowing it to be such,is punishable with imprisonment for 3 years or fine or both.(S 411 of IPC)

S 410 defines stolen property thus-
property,the possession whereof has been transferred by theft or extortion or robbery or which has been criminally misappropriated or in respect of which criminal breach of trust has been committed- within or without India is stolen property.
1)If such property substantially comes into possession of person legally entitled to possession,it then ceases to be stolen property.S 410 of IPC.
Property obtained by forgery or cheating is not stolen property.Property obtained by dacoity is stolen property.
2)Proceeds of stolen property does not constitute stolen property.
3)Discharge or acquittal of thief need not necessarily be a bar to conviction of receiver of stolen property.
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