Section 127 IPC: Receiving Property Taken by War or Depredation
Section 127 of the Indian Penal Code, 1860 dealt with receiving property while knowing that the property had been taken in the commission of an offence under Section 125 IPC or Section 126 IPC.
Text of Section 127 IPC
Receiving property taken by war or depredation mentioned in sections 125 and 126.
Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
Meaning and Scope of Section 127 IPC
Section 127 did not punish the underlying act of war or depredation itself. It created a separate offence aimed at a person who receives property with the required knowledge that the property was obtained through an offence described in Section 125 or Section 126 IPC.
The expression "knowing" is central to the provision. Mere receipt or possession of property, without the knowledge required by Section 127, does not by itself satisfy the wording of the section. The prosecution must establish the ingredients of the offence on the evidence in the particular case.
Essential Ingredients
- The accused must have received property.
- The property must have been taken in the commission of an offence mentioned in Section 125 or Section 126 IPC.
- At the time relevant to the offence, the accused must have known that the property had been so taken.
Sections 125 and 126 Referred to in Section 127
Section 125 IPC
Section 125 IPC dealt with waging war against the Government of any Asiatic Power in alliance or at peace with the Government of India, attempting to wage such war, or abetting the waging of such war.
Section 126 IPC
Section 126 IPC dealt with committing depredation, or making preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India.
Punishment Under Section 127 IPC
| Maximum imprisonment | Imprisonment of either description for a term which may extend to seven years |
|---|---|
| Fine | Also liable to fine |
| Property | The property so received is liable to forfeiture |
The statutory expression "imprisonment of either description" refers to the two descriptions of imprisonment recognized by Section 53 IPC: rigorous imprisonment and simple imprisonment.
Classification Under the Code of Criminal Procedure, 1973
Under the First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 127 IPC was classified as cognizable and non-bailable, and was triable by the Court of Session.
| Nature | Cognizable |
|---|---|
| Bail | Non-bailable |
| Trial court | Court of Session |
| Maximum punishment | Seven years, fine and forfeiture of the property received |
Why Knowledge Matters
Section 127 expressly linked criminal liability to knowledge about the source of the property. Accordingly, the legal inquiry is not confined to whether the accused received the property. It also concerns whether the accused knew that it had been taken through an offence under Section 125 or Section 126. Such knowledge may be examined from admissible direct or circumstantial evidence and the facts proved in the case.
Forfeiture of Property
In addition to imprisonment and fine, Section 127 expressly made the property received liable to forfeiture. This consequence relates to the property received which was known to have been taken in the commission of the offences specified in Sections 125 and 126.
Related IPC Provisions
Section 127 formed part of Chapter VI of the IPC dealing with offences against the State. For the immediate statutory context, see Section 125 IPC, Section 126 IPC and Section 128 IPC.
This page explains the statutory position for general legal information and should be read with the applicable legislation, amendments, saving provisions and judicial decisions relevant to the facts of a particular matter.