317. (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.
IPC Section 414 in BNS: Section 317
Assisting in concealment of stolen property
Section 414 of the Indian Penal Code, 1860 (Assisting in concealment of stolen property) corresponds to Section 317 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 317(2) is cognizable, non-bailable, triable by Any Magistrate; punishment: Imprisonment for 3 years, or fine, or both.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 317(2) | Dishonestly receiving stolen property knowing it to be stolen. | Imprisonment for 3 years, or fine, or both. | Cognizable | Non-bailable | Any Magistrate |
| 317(3) | Dishonestly receiving stolen property, knowing that it was obtained by dacoity. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 317(4) | Habitually dealing in stolen property. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 317(5) | Assisting in concealment or disposal of stolen property, knowing it to be stolen. | Imprisonment for 3 years, or fine, or both. | Cognizable | Non-bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 317
Full BNS Section 317 and every IPC section it replaced →
Other IPC sections now in BNS 317
- IPC 410: Stolen property → BNS 317
- IPC 411: Dishonestly receiving stolen property → BNS 317
- IPC 412: Dishonestly receiving property stolen in the commission of a dacoity → BNS 317
- IPC 413: Habitually dealing in stolen property → BNS 317
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