How to ascertain that a person was dealing with stolen property?

 To establish that a person is dealing with stolen property, the "believe" factor of the person is of stellar import. For successful prosecution, it is not enough to prove that the Accused was either negligent or that he had a cause to think that the property was stolen, or that he failed to make enough inquiries to comprehend the nature of the goods procured by him. The initial possession of the goods in question may not be illegal but retaining those with the knowledge that it was stolen property, makes it culpable.

{Para 15}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1503 of 2022 

Shiv Kumar   Vs. The State of Madhya Pradesh

Hon'ble Judges/Coram:

K.M. Joseph and Hrishikesh Roy, JJ.

Author: Hrishikesh Roy, J.

Decided On: 07.09.2022

Citation: MANU/SC/1114/2022

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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)

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