317 BNS : Stolen property.

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Introduction of 317 BNS

317 BNS of the Bharatiya Nyaya Sanhita deals with stolen property and the legal consequences of receiving, retaining, dealing with, or assisting in its concealment. This provision ensures accountability not only for the original thief but also for individuals who knowingly handle or benefit from stolen goods. It applies to property obtained through theft, robbery, extortion, cheating, misappropriation, or breach of trust, and even extends to items stolen outside India but found within the country. The section imposes strict punishments, including life imprisonment for habitual offenders and those dealing with dacoity-related property, ensuring that stolen goods cannot easily circulate in society.

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The Bharatiya Nyaya Sanhita (BNS) Section 317 replaces the old Indian Penal Code (IPC) Section 410,411,412,413,414.

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What is BNS Section 317 ?

Stolen property under BNS Section 317 refers to items whose possession has been unlawfully transferred through theft, extortion, robbery, cheating, criminal misappropriation, or criminal breach of trust. However, such property ceases to be “stolen” if it comes into the possession of a person legally entitled to hold it.

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Under Section 317 of the bns act 2023

“Whoever dishonestly receives, retains, conceals, assists in concealing, or deals with property knowing or having reason to believe it to be stolen, whether obtained by theft, extortion, robbery, cheating, misappropriation, breach of trust, or dacoity, shall be punished with imprisonment or fine, depending on the gravity of the offense. Habitual dealing or receiving property from dacoity shall attract stricter punishment, including life imprisonment.”

1. Meaning of Stolen Property

• Stolen property includes anything obtained by theft, robbery, extortion, cheating, misappropriation, or criminal breach of trust.
• Even property stolen abroad is considered stolen under this section if found in India.
• Once the property comes into possession of a lawful owner or rightful claimant, it ceases to be “stolen property.”

2. Who is Covered?

• Individuals knowingly buying stolen goods → e.g., buying a stolen mobile phone at a suspiciously low price.
• Receivers of dacoity loot → e.g., accepting jewelry from a gang member knowing it came from a violent robbery.
• Habitual dealers → shopkeepers, traders, or pawn brokers who regularly deal in stolen goods.
• Accomplices → people helping in concealing or disposing of stolen property.

3. Nature of the Offense

• Cognizable → Police can arrest without warrant.
• Non-Bailable → Bail is not a right; it’s subject to court discretion.
• Non-Compoundable → Cannot be privately settled; must go through the court.
• Trial by →
  • Any Magistrate (for ordinary stolen property cases).
  • Court of Session (for dacoity-related or habitual stolen property cases).

4. Examples of BNS Section 317

Example 1 – Receiving Stolen Property
X buys a gold chain from Y at half its value, knowing Y is a thief. → X is guilty of receiving stolen property.

Example 2 – Habitual Dealing
A pawn shop owner regularly accepts stolen laptops for resale, despite knowing their source. → Guilty of habitual dealing in stolen property.

Example 3 – Property from Dacoity
A gang commits dacoity, and Z accepts part of the loot (cash) knowing it came from that act. → Z faces life imprisonment under this section.

Example 4 – Assisting in Concealment
B helps C hide a stolen car in his garage knowing it was taken unlawfully. → B is liable for assisting in concealment.

5. Punishment under BNS Section 317

• Dishonestly receiving stolen property (317(2)) → Up to 3 years imprisonment, or fine, or both.
• Receiving property from dacoity (317(3)) → Life imprisonment, or up to 10 years rigorous imprisonment, plus fine.
• Habitual dealing in stolen property (317(4)) → Life imprisonment, or up to 10 years rigorous imprisonment, plus fine.
• Assisting in concealing stolen property (317(5)) → Up to 3 years imprisonment, or fine, or both.

6. Importance of BNS Section 317

• Prevents circulation of stolen goods in society.
• Targets not only thieves but also receivers, dealers, and enablers.
• Helps dismantle criminal networks that thrive on stolen property.
• Strengthens public trust by ensuring lawful ownership is protected.

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Section 317 BNS Overview

BNS Section 317 defines what is meant by “stolen property” and punishes anyone who knowingly receives, keeps, hides, disposes of, or assists in dealing with it. Stolen property is not limited to theft alone — it also includes items obtained through robbery, extortion, cheating, misappropriation, or criminal breach of trust. This section also covers habitual dealers in stolen goods and cases involving property stolen during dacoity, making it one of the most important provisions for tackling organized crime and protecting rightful owners.

Detailed Explanation of 10 Key Points of BNS Section 317

1. Definition of Stolen Property

Stolen property includes anything obtained by theft, robbery, extortion, misappropriation, cheating, or breach of trust. Even if such an offense takes place outside India, the property is still treated as stolen when brought into India. However, once the property comes into the possession of the rightful owner, executor, or legal authority, it stops being classified as stolen. This definition is broad, ensuring that no offender can escape by arguing about how the property was obtained. It protects innocent buyers too, as property obtained legally is no longer considered stolen.

2. Dishonestly Receiving Stolen Property (Section 317(2))

If a person knowingly receives or keeps stolen property, they are guilty under this provision. The key factor is knowledge or reasonable belief that the property is stolen. For example, purchasing a mobile phone cheaply from a shady source, knowing it was stolen, makes the buyer guilty. The punishment for such an act is imprisonment of up to three years, a fine, or both. This discourages people from buying suspicious goods and reduces the market for stolen items, cutting off support for theft-related crimes.

3. Receiving Property from Dacoity (Section 317(3))

This clause deals with stolen property obtained through dacoity, which is considered far more serious because of its violent nature. Anyone who receives property from a dacoit or from a dacoity gang, knowing its origin, can be punished with life imprisonment or rigorous imprisonment up to 10 years, along with a fine. For instance, purchasing gold from a gang that robbed a bank qualifies under this section. By punishing not only the dacoits but also those who handle their loot, the law breaks the chain of profit from violent crimes.

4. Habitual Dealing in Stolen Property (Section 317(4))

When a person repeatedly buys, sells, or deals in stolen property, they are considered a habitual offender. Such offenders are treated as part of an organized system that keeps stolen goods circulating. The punishment is very strict — life imprisonment or rigorous imprisonment up to 10 years, along with a fine. For example, a shopkeeper who regularly buys stolen bikes for resale can be charged under this subsection. By punishing habitual dealers, the law aims to dismantle entire illegal markets of stolen property.

5. Assisting in Concealment or Disposal of Stolen Property (Section 317(5))

Even if someone does not directly keep stolen property, but helps hide, transport, or dispose of it, they are punishable under this section. The person must know or have reason to believe that the property is stolen. For example, helping a friend store a stolen car in your garage makes you equally liable. Punishment includes imprisonment for up to three years, a fine, or both. This ensures that not just thieves, but also their helpers and supporters, face accountability.

6. Cognizable Nature of Offenses

All crimes under Section 317 are cognizable, meaning police can arrest the accused without waiting for a magistrate’s order. This allows swift action, which is necessary for recovering stolen goods before they disappear. Quick arrest and investigation also help protect victims by returning their property. The cognizable nature of this offense reflects its seriousness and gives law enforcement the power to act effectively against offenders.

7. Non-Bailability of Offenses

The offenses under this section are non-bailable, meaning bail is not automatic and can only be granted at the discretion of the court. This makes it difficult for offenders to escape justice easily. For example, a habitual dealer in stolen property or someone linked to dacoity loot may not be granted bail due to the gravity of the crime. The non-bailable status ensures offenders remain in custody until a proper trial, reducing the risk of tampering with evidence or continuing criminal activities.

8. Trial Jurisdiction

The jurisdiction depends on the seriousness of the offense. Lesser offenses, such as receiving or concealing stolen property (subsections 2 and 5), are triable by a Magistrate. More serious offenses, like dealing in dacoity loot or habitual dealing in stolen property (subsections 3 and 4), are tried by the Court of Session. This division ensures cases are handled at the appropriate judicial level — minor cases at the magistrate level for quick disposal, and major cases in higher courts for detailed scrutiny and heavier punishments.

9. Habitual Offenses and Organized Crime

Section 317 is not just about individual acts but also about tackling organized crime. Habitual offenders and networks that repeatedly deal in stolen goods keep theft and robbery alive in society. By punishing not only thieves but also middlemen and handlers, the law cuts off the support system that allows such crimes to flourish. This makes it harder for criminal gangs to profit and acts as a deterrent to organized illegal markets.

10. Global Application

An important feature of Section 317 is that it applies even if the original theft or robbery happened outside India. For example, if stolen antiques are smuggled into India, the person holding them is still guilty under this section. This ensures that India contributes to global crime prevention and holds offenders accountable across borders. It also prevents criminals from using India as a safe market for stolen goods. Thus, the law has international significance, aligning with global standards of justice.

Examples of BNS Section 317

• Example 1: A person knowingly buys a stolen motorbike at a low price. Even though they didn’t steal it, they are guilty of receiving stolen property under Section 317.
• Example 2: A shopkeeper regularly purchases stolen mobile phones from criminals and resells them. Since this is habitual dealing, they can face life imprisonment under this section.

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BNS 317 Punishment

• 317 Subsection (2): Dishonestly receiving stolen property → Imprisonment up to 3 years, or fine, or both.
• 317 Subsection (3): Receiving stolen property linked to dacoity → Life imprisonment or rigorous imprisonment up to 10 years, plus a fine.
• 317 Subsection (4): Habitual dealing in stolen property → Life imprisonment or rigorous imprisonment up to 10 years, plus a fine.
• 317 Subsection (5): Assisting in concealing stolen property → Imprisonment up to 3 years, or fine, or both

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BNS 317 bailable or not ?

BNS Section 317 offenses are non-bailable across all subsections.
This means an accused cannot claim bail as a matter of right, and granting bail is at the discretion of the court.

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Bharatiya Nyaya Sanhita Section 317

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Comparison: BNS Section 317 vs IPC Sections 410–414 (Old)

BNS Section 317 FAQs

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Conclusion

BNS Section 317 plays a crucial role in curbing the circulation of stolen property and dismantling networks that thrive on such crimes. By penalizing not just thieves but also receivers, dealers, and enablers of stolen goods, the law ensures stronger protection for rightful owners. The strict punishments, especially for habitual offenders and those linked with dacoity, act as a strong deterrent against organized crime. This section highlights the legal system’s commitment to safeguarding property rights and maintaining public trust in lawful ownership.

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Finished with BNS 317 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

Of Cheating.

• 318 BNS : Of Cheating .
• https://marriagesolution.in/bns_section/318-bns/
• 319 BNS : Cheating by personation.
• https://marriagesolution.in/bns_section/319-bns/

Of Fraudulent Deeds And Dispostions Of Property .

• 320 BNS : Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
• https://marriagesolution.in/bns_section/320-bns/
• BNS 321 :Dishonestly or fraudulently preventing debt being available for creditors.
• https://marriagesolution.in/bns_section/bns-321/
• 322 BNS : Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
• https://marriagesolution.in/bns_section/322-bns/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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