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Introduction of 317 BNS

317 BNS deals with the concept of stolen property and the legal consequences associated with receiving, retaining, dealing, or assisting in the disposal of such property. It ensures that individuals and entities are held accountable for benefiting from or enabling the circulation of property acquired through theft, robbery, extortion, cheating, criminal misappropriation, or breach of trust.


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



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.


BNS 317 outlines penalties for receiving, retaining, or dealing in stolen property.
Strict legal measures under BNS 317 for dealing with stolen property.

BNS 317 in Simple Points

Key Point 1: Understanding Stolen Property

  • Stolen property includes items acquired through illegal activities such as theft, robbery, or extortion.
  • It also covers property acquired via criminal misappropriation or breach of trust.
  • The definition applies regardless of whether the crime occurred in India or abroad.
  • Once the rightful owner legally possesses the property, it ceases to be classified as stolen.
  • This ensures clarity on when property stops being “stolen” in the eyes of the law.
  • It prevents individuals from unjustly holding or transferring property acquired illegally.
  • The focus is on deterring possession or circulation of unlawfully acquired items.

Key Point 2: Punishment for Dishonestly Receiving Stolen Property (Subsection 2)

  • A person receiving or retaining stolen property, knowing it to be stolen, commits an offense.
  • The punishment includes imprisonment of up to three years, a fine, or both.
  • Dishonesty is a critical factor; accidental possession does not constitute an offense.
  • For example, purchasing a stolen laptop knowingly makes one liable under this law.
  • This provision discourages the circulation of stolen goods in markets.
  • It ensures individuals verify the legality of property before acquisition.
  • The penalty reflects the need to discourage complicity in theft indirectly.

Key Point 3: Habitual Dealing in Stolen Property (Subsection 4)

  • Habitual offenders who repeatedly deal in stolen property face stricter punishments.
  • This includes life imprisonment or rigorous imprisonment of up to ten years and a fine.
  • Habitual offenses imply a pattern or business of handling stolen items.
  • For instance, a pawn shop dealing in stolen items knowingly is punishable under this section.
  • This provision targets organized systems profiting from stolen property.
  • It deters offenders from making stolen property a business venture.
  • The law focuses on reducing systemic crimes related to theft and its proceeds.

Key Point 4: Receiving Property from Dacoity (Subsection 3)

  • Receiving stolen property from a dacoity, knowing its source, is a severe offense.
  • The punishment includes life imprisonment or rigorous imprisonment of up to 10 years and a fine.
  • This reflects the violent and dangerous nature of dacoity-related crimes.
  • Offenders dealing in such property indirectly support violent criminal activities.
  • The provision disrupts criminal networks profiting from dacoity and its proceeds.
  • It emphasizes the seriousness of the crime by imposing harsh penalties.
  • The law discourages any association with property linked to violent offenses.

Key Point 5: Assisting in Concealing Stolen Property (Subsection 5)

  • Assisting in concealing or disposing of stolen property is punishable under this section.
  • The person must know or believe the property is stolen to be held liable.
  • Punishment includes imprisonment of up to three years, a fine, or both.
  • For example, helping a friend hide a stolen bike knowing its origin is an offense.
  • This provision focuses on penalizing enablers of stolen property circulation.
  • It ensures accountability for indirect participation in property-related crimes.
  • The section strengthens the fight against theft by targeting accomplices.

Punishment under BNS Section 317

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

Section 317 BNS Overview

BNS Section 317 explains stolen property as items obtained through theft, robbery, extortion, or other crimes like cheating and misappropriation. If someone knowingly keeps, deals, or helps hide such property, they are punishable under this section. Punishments depend on the offense, ranging from imprisonment to fines. Once legally owned, the property ceases to be “stolen.”

BNS Section 317 : 10 Key Points

Key Point 1: Definition of Stolen Property

  • Stolen property refers to items obtained through theft, extortion, robbery, cheating, misappropriation, or criminal breach of trust.
  • This designation applies even if the offense occurred outside India. For instance, a theft committed abroad still qualifies the items as stolen under Indian law.
  • The property remains “stolen” until it comes into the possession of someone legally entitled to it.
  • If ownership is transferred legally to the rightful owner, the property ceases to be classified as stolen.
  • This provision ensures clarity about what qualifies as stolen property.
  • It also protects rightful owners who acquire property through legitimate means.
  • The definition broadly covers various offenses to deter attempts to justify possession of such property.
  • The focus is on both the origin of the property and the awareness of the person holding it.

Key Point 2: Dishonestly Receiving Stolen Property (Section 317(2))

  • Any person who dishonestly receives or retains stolen property is punishable under this provision.
  • The individual must know or have reason to believe the property is stolen.
  • The punishment for such an act is imprisonment for up to three years, a fine, or both.
  • Dishonesty is a key element; accidental possession does not lead to liability.
  • For example, buying a stolen phone knowingly from an unauthorized source falls under this section.
  • This point targets individuals who support the circulation of stolen goods.
  • It discourages buyers from engaging with suspicious sources, reducing the market for stolen property.
  • The law ensures accountability for possession, not just the act of stealing.

Key Point 3: Receiving Property from Dacoity (Section 317(3))

  • This subsection applies to stolen property obtained through dacoity or provided by a dacoit.
  • The person must know or reasonably believe the property was obtained from a dacoity.
  • The punishment is life imprisonment or rigorous imprisonment for up to 10 years, along with a fine.
  • This severe punishment reflects the violent nature of dacoity.
  • For example, buying jewelry from someone involved in a gang robbery is punishable under this section.
  • The provision helps disrupt networks that profit from violent crimes.
  • It also holds accountable those indirectly supporting dacoity by dealing with its proceeds.
  • The section ensures that individuals do not shield themselves by claiming ignorance in such cases.

Key Point 4: Habitual Dealing in Stolen Property (Section 317(4))

  • Habitual offenders dealing in stolen goods face stricter punishments.
  • A habitual offender is someone who repeatedly receives or deals with stolen property.
  • The punishment is life imprisonment or rigorous imprisonment of up to 10 years, along with a fine.
  • This section aims to dismantle organized systems that handle stolen goods.
  • For instance, a shopkeeper repeatedly buying and selling stolen electronics is liable under this provision.
  • Habitual dealing implies an established pattern, not a single act of dishonesty.
  • The provision acts as a deterrent for those who make stolen property their business.
  • It strengthens the legal framework to fight persistent offenders.

Key Point 5: Assisting in Concealment or Disposal of Stolen Property (Section 317(5))

  • Any person who voluntarily assists in concealing, disposing of, or making away with stolen property is punishable under this section.
  • The individual must know or have reason to believe the property is stolen.
  • Punishment includes imprisonment for up to three years, a fine, or both.
  • For example, helping a friend hide a stolen vehicle makes one liable under this section.
  • This provision addresses those who aid thieves indirectly.
  • It ensures accountability for facilitating the continued possession of stolen goods.
  • The focus is on intentional assistance and not accidental involvement.
  • This section complements other provisions by targeting enablers of theft and related crimes.

Key Point 6: Cognizable Nature of Offenses

  • All offenses under Section 317 are cognizable, meaning police can arrest the accused without a warrant.
  • This empowers law enforcement to act swiftly to prevent the circulation of stolen property.
  • Immediate police action is crucial for evidence collection and recovery of stolen items.
  • Cognizability ensures prompt investigation and action against offenders.
  • This classification reflects the serious nature of crimes involving stolen property.
  • It also protects victims by enabling quick recovery of their belongings.
  • Swift action helps prevent the loss or further distribution of stolen goods.
  • The provision ensures a robust legal mechanism to address such offenses.

Key Point 7: Non-Bailability of Offenses

  • All offenses under this section are non-bailable, meaning bail is granted at the court’s discretion.
  • Non-bailability reflects the gravity of the crimes covered under Section 317.
  • For instance, someone caught dealing with property stolen in a dacoity may not get bail easily.
  • This provision aims to prevent offenders from escaping justice.
  • It also discourages potential accomplices from supporting such activities.
  • The severity of punishment aligns with the restriction on bail.
  • Courts carefully assess the circumstances before granting bail in such cases.
  • This ensures that offenders do not misuse bail provisions to avoid trial.

Key Point 8: Trial Jurisdiction

  • The jurisdiction for trying offenses under Section 317 varies by subsection:
    • Subsections (2) and (5) are triable by any Magistrate.
    • Subsections (3) and (4) are triable by the Court of Session due to their seriousness.
  • This classification ensures cases are handled by appropriate judicial authorities.
  • Serious offenses like dealing in dacoity-stolen property require higher judicial scrutiny.
  • Lesser offenses, such as receiving stolen goods without violence, are manageable at the Magistrate level.
  • The division of trial jurisdiction streamlines the judicial process.
  • It ensures offenders face fair and efficient trials based on the crime’s severity.
  • This system also reduces the burden on higher courts for minor offenses.
  • Proper jurisdiction enhances the effectiveness of the legal framework.

Key Point 9: Habitual Offenses and Organized Crime

  • Section 317 targets not just individual offenses but also organized systems supporting crime.
  • Habitual offenders and enablers of stolen goods play key roles in sustaining illegal networks.
  • By addressing these issues, the section aims to dismantle organized crime.
  • Strict penalties for repeat offenders discourage continued involvement in such activities.
  • The law also targets those who indirectly profit from crimes like theft or dacoity.
  • This comprehensive approach strengthens law enforcement against property crimes.
  • It highlights the importance of holding facilitators accountable.
  • Addressing organized crime ensures better protection for society at large.

Key Point 10: Global Application

  • Section 317 applies to stolen property regardless of whether the offense occurred in India or abroad.
  • This ensures accountability for crimes involving stolen goods on an international scale.
  • For instance, smuggling stolen artifacts into India makes the offender liable under this section.
  • The provision upholds India’s commitment to global justice and crime prevention.
  • It also prevents offenders from escaping liability by crossing borders.
  • This international application strengthens the fight against transnational crimes.
  • It ensures legal protection for victims of property theft or related crimes worldwide.
  • Such provisions align Indian law with global standards for property crime prevention.

Examples of BNS Section 317

  1. Example 1:
    A person buys a stolen bike, knowing it was taken without the owner’s consent. They are guilty of receiving stolen property under BNS 317.
  2. Example 2:
    A shopkeeper habitually purchases stolen goods to resell them at lower prices, despite knowing their origin. This makes them liable for habitual dealing in stolen property.

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

BNS 317 outlines penalties for receiving, retaining, or dealing in stolen property.
Strict legal measures under BNS 317 for dealing with stolen property.

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.


Bharatiya Nyaya Sanhita Section 317

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
317(2)Dishonestly receiving stolen propertyUp to 3 years, fine, or bothNon-BailableCognizableAny Magistrate
317(3)Receiving property from dacoityLife imprisonment, or rigorous imprisonment up to 10 yearsNon-BailableCognizableCourt of Session
317(4)Habitual dealing in stolen propertyLife imprisonment, or rigorous imprisonment up to 10 yearsNon-BailableCognizableCourt of Session
317(5)Assisting in concealing stolen propertyUp to 3 years, fine, or bothNon-BailableCognizableAny Magistrate

BNS Section 317 FAQs

What is considered stolen property?

Does receiving stolen property unknowingly lead to punishment?

What are the punishments under BNS Section 317?

Punishments range from three years imprisonment or fine for simple cases to life imprisonment for severe offenses like handling dacoity-related property.

Is BNS Section 317 bailable?

Who tries cases under BNS Section 317?


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