BNS Section 317 — Stolen property
CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of receiving stolen property
Criminal
Summary
Sub-section (1) defines what counts as stolen property. It covers property whose possession was transferred through theft, extortion, robbery, or cheating, as well as property that was criminally misappropriated or that was the subject of criminal breach of trust. This applies whether the transfer, misappropriation, or breach of trust happened inside or outside India. However, if such property later comes into the possession of a person who is legally entitled to have it, it stops being stolen property from that point on.
Sub-section (2) says that anyone who dishonestly receives or keeps any stolen property, knowing or having reason to believe it is stolen, can be punished with imprisonment of either kind for up to three years, or with a fine, or with both.
Sub-section (3) deals with more serious cases. If a person dishonestly receives or keeps stolen property knowing or having reason to believe its possession was transferred through dacoity, or if a person dishonestly receives from someone they know or have reason to believe belongs or belonged to a gang of dacoits property they know or have reason to believe was stolen, the punishment is imprisonment for life, or rigorous imprisonment for up to ten years, and they will also be liable to a fine.
Sub-section (4) covers habitual offenders. Anyone who habitually receives or deals in property they know or have reason to believe is stolen can be punished with imprisonment for life, or with imprisonment of either kind for up to ten years, and will also be liable to a fine.
Sub-section (5) says that anyone who voluntarily helps in hiding, disposing of, or getting rid of property they know or have reason to believe is stolen can be punished with imprisonment of either kind for up to three years, or with a fine, or with both.
Official Text
(1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
(3) 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.
(4) 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.
(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)