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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

Sec. 410. Stolen property:

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, 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.

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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.

Sec. 411 explains about “dishonestly receiving stolen property”. Nature of offence: Cognizable, non-bailable, compoundable with permission of the Court before which any prosecution of such offence is pending, and triable by Magistrate of the first class.

Sec. 411. Dishonestly receiving stolen property:

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.

Sec. 412 describes about “dishonestly receiving property stolen in the commission of a dacoity”. Nature of offence: Cognizable, non-bailable, non-compoundable, and triable by Court of Session.

Sec. 412. Dishonestly receiving property stolen in the commission of a dacoity:

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.

Section 413 explains about habitually dealing in stolen property. Nature of offence: Cognizable, non-bailable, non-compoundable, and triable by Court of Session.

Section 413 deals with “Habitually dealing in stolen property. Nature of offence: Cognizable, non- bailable, compoundable with permission of the Court before which any prosecution of such offence is pending, and triable by any Magistrate.

Sec. 413. Habitually dealing in stolen property:

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.

Section 414 deals with Assisting in concealment of stolen property. Nature of offence: Cognizable, non-bailable, compoundable with permission of the Court before which any prosecution of such offence is pending, and triable by any Magistrate.

Sec. 414. Assisting in concealment of stolen property:

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.

Important Points:

A. The definition of the offence of receiving stolen property is limited to certain occasional, such as, where the property obtained and transferred by theft or by extortion or by robbery, or dacoity, and which has been criminally misappropriated or in respect of which criminal breach of trust has been committed. Property obtained by means of cheating or forgery does not come under the purview of this offence.

B. When it will cease as stolen property: If stolen property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

C. Habitually dealing in stolen property: Sec. 413 says that 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.

D. Assisting in concealment of stolen property: Sec. 414 says that 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.

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