317
317
Stolen property
Bharatiya Nyaya Sanhita, 2023
Chapter XVII Of Offences Against Property
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsProperty OffencesTheftReceiving Stolen PropertyCriminal JusticeSerious
🗣️ Simple Explanation
What does this law say?
Section 317 of the BNS defines stolen property and the penalties for dealing with it. Stolen property is anything taken through theft, extortion, robbery, cheating, or criminal breach of trust. It also covers property that has been criminally misappropriated.
Why does this law exist?
This law aims to discourage theft and related crimes. It makes it illegal to profit from stolen goods. This helps reduce crime rates and protect property owners.
Real-life impact
If you buy a phone from someone and later find out it was stolen, you could be in trouble. This law protects people from unknowingly dealing with stolen items.
What happens if you break this law?
You could face up to three years in jail, a fine, or both for receiving or retaining stolen property. If the property was from dacoity, you could face life imprisonment or up to ten years.
⚖️ Punishment
Imprisonment up to life, or imprisonment up to ten years, or fine, or both.
💡 Real Life Example
Priya bought a phone from a stranger, unaware it was stolen. She could be charged under this section. Sneha knowingly bought a stolen laptop. She faces serious legal consequences. If Amit helps hide stolen goods, he can also be punished.
🛡️ KNOW YOUR RIGHTS
- •Refuse to buy items if you suspect they are stolen.
- •Report any suspicious activity to the police.
- •Seek legal advice if accused of handling stolen property.
- •Cooperate with the police investigation.
- •You have the right to legal aid.
❓ FREQUENTLY ASKED QUESTIONS
Under Section 317, stolen property includes anything obtained through theft, extortion, robbery, cheating, or criminal breach of trust. It also covers property that has been criminally misappropriated. This section replaces the old law, but the core definition remains similar. It aims to prevent people from benefiting from criminal activities.
The punishment varies. If you dishonestly receive or retain stolen property, you could face up to three years in jail, a fine, or both. If the property was obtained through dacoity, the punishment is more severe, potentially including life imprisonment or up to ten years in jail.
Whether it's bailable depends on the severity of the crime and the value of the stolen property. Some instances may be bailable, while others, especially those involving serious crimes like dacoity, may be non-bailable. The police can arrest without a warrant in some cases.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
Was this helpful?