Bharatiya Nyaya Sanhita, 2023
Section 317 BNS: Stolen Property
Section 317 of the Bharatiya Nyaya Sanhita, 2023 defines "stolen property" and punishes dishonest receipt, retention, habitual dealing, and assistance in concealment or disposal of such property.
Section 317(1) BNS - Meaning of Stolen Property
Property is designated as stolen property where possession has been transferred by theft, extortion, robbery or cheating, or where the property has been criminally misappropriated or has been the subject of criminal breach of trust. This applies whether the transfer, misappropriation or breach of trust occurred within or outside India.
If the property later comes into the possession of a person legally entitled to possess it, it ceases to be stolen property.
The definition is wider than property obtained only by theft. It expressly includes property connected with extortion, robbery, cheating, criminal misappropriation and criminal breach of trust.
Section 317(2) - Dishonestly Receiving or Retaining Stolen Property
A person commits the offence under Section 317(2) by dishonestly receiving or retaining stolen property while knowing or having reason to believe that the property is stolen.
The punishment may extend to three years, or fine, or both.
Section 317(3) - Stolen Property Connected With Dacoity
Section 317(3) applies where a person dishonestly receives or retains property knowing or having reason to believe that possession of it was transferred by dacoity.
It also applies where a person dishonestly receives property from someone known or reasonably believed to belong, or to have belonged, to a gang of dacoits, while knowing or having reason to believe that the property was stolen.
This aggravated form is punishable with imprisonment for life, or rigorous imprisonment up to ten years, and fine.
Section 317(4) - Habitually Receiving or Dealing in Stolen Property
A person who habitually receives or deals in property while knowing or having reason to believe it to be stolen property is punishable under Section 317(4).
The punishment is imprisonment for life, or imprisonment of either description up to ten years, and fine.
Section 317(5) - Assisting in Concealment or Disposal
Section 317(5) covers a person who voluntarily assists in concealing, disposing of, or making away with property while knowing or having reason to believe that it is stolen property.
The punishment may extend to three years, or fine, or both.
Punishment, Cognizability, Bail and Trial Court
| Provision | Offence | Punishment | Cognizable | Bail | Trial Court |
|---|---|---|---|---|---|
| 317(2) | Dishonestly receiving or retaining stolen property | Imprisonment up to three years, or fine, or both | Yes | Non-bailable | Any Magistrate |
| 317(3) | Receiving property obtained by dacoity or stolen property from a dacoit gang member | Life imprisonment, or rigorous imprisonment up to ten years, and fine | Yes | Non-bailable | Court of Session |
| 317(4) | Habitually receiving or dealing in stolen property | Life imprisonment, or imprisonment up to ten years, and fine | Yes | Non-bailable | Court of Session |
| 317(5) | Assisting in concealment, disposal or making away with stolen property | Imprisonment up to three years, or fine, or both | Yes | Non-bailable | Any Magistrate |
Knowledge or Reason to Believe the Property Is Stolen
Sections 317(2) to 317(5) repeatedly use the expressions "knowing" and "having reason to believe." The prosecution must therefore prove the required mental element from the facts and circumstances of the case.
Mere possession of property that later turns out to be stolen does not, by itself, satisfy the statutory wording unless the required knowledge or reason to believe is established.
When Property Ceases to Be Stolen Property
Under Section 317(1), property ceases to be "stolen property" once it subsequently comes into the possession of a person legally entitled to possess it.
This statutory rule is important because the classification attaches to the property only until lawful possession is restored.
Official Legal Sources
For authoritative statutory wording, classification and commencement information, consult India Code and the Ministry of Home Affairs resources listed in the right sidebar. The official Act, BNSS First Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is stolen property under Section 317 BNS?
It includes property transferred by theft, extortion, robbery or cheating, and property criminally misappropriated or affected by criminal breach of trust.
Does property obtained outside India count as stolen property?
Yes. Section 317(1) expressly applies whether the relevant transfer, misappropriation or breach of trust occurred within or outside India.
What is the punishment for receiving stolen property?
Under Section 317(2), punishment may extend to three years, or fine, or both.
Is Section 317 BNS bailable?
No. Sections 317(2) to 317(5) are classified as non-bailable.
Is Section 317 BNS cognizable?
Yes. All punishable variants under Sections 317(2) to 317(5) are cognizable.
Which court tries Section 317 offences?
Sections 317(2) and 317(5) are triable by any Magistrate. Sections 317(3) and 317(4) are triable by the Court of Session.
When does property cease to be stolen property?
It ceases to be stolen property when it subsequently comes into the possession of a person legally entitled to possess it.
This page provides general legal information. Application of Section 317 depends on the facts, evidence and law applicable to the individual case.