BNS 155 : Receiving property taken by war or depredation mentioned in sections 153 and 154 .

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Introduction of Section 155 BNS

BNS 155 targets individuals who knowingly receive property obtained through illegal acts of war (Section 153) or depredation (Section 154). This law ensures that not only the direct offenders but also those who indirectly profit from such crimes are held accountable. By criminalizing the act of receiving looted or stolen property, Section 155 prevents the encouragement of war-related crimes and protects India’s international commitments to peace and justice.

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The Bharatiya Nyaya Sanhita (BNS) Section 155 replaces the old Indian Penal Code (IPC) Section 127.

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What is BNS Section 155 ?

BNS Section 155 covers the crime of receiving property that has been unlawfully taken during acts of war or depredation. This means if someone knowingly accepts or handles property stolen during war or looting (described in Sections 153 and 154), they can face severe legal penalties, including imprisonment, fines, and the loss of that property.

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Under Section 155 of the bns act 2023

“Whoever receives any property knowing that it has been obtained by the commission of any offense under sections 153 or 154, 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 such property shall be forfeited.

Explanation of Section 155

BNS Section 155 ensures accountability for those who knowingly receive property stolen or looted during war (Section 153) or depredation (Section 154).

It punishes not just the direct perpetrators of war crimes or depredation but also those who profit indirectly by handling such unlawfully obtained property. This prevents illegal gains from encouraging or sustaining such activities.

• Scope → Applies to any property received from war or looting acts.
• Knowledge Required → The person must know the property was obtained illegally.
• Punishment → Up to 7 years imprisonment + fine.
• Property Forfeiture → Any property received is seized by the government.
• Classification → Cognizable, non-bailable, non-compoundable.
• Trial → Court of Session.

Key Elements of Section 155

1. Receiving Property from War or Looting → Any property obtained through war or depredation, if knowingly received, is punishable.
2. Knowledge Factor → The accused must be aware that the property is connected to illegal acts.
3. Punishment → Imprisonment up to 7 years + fine.
4. Forfeiture → Property is confiscated by the State.
5. Cognizable → Police can arrest without warrant.
6. Non-Bailable → Bail cannot be claimed as a right.
7. Non-Compoundable → Cannot be settled privately.
8. Tried by Court of Session → Higher court handles such cases due to seriousness.
9. Prevents Indirect Support → Discourages people from profiting from war crimes.
10. Protects Peace and Security → Maintains international trust and prevents illegal enrichment.

Examples of BNS Section 155

Example 1 – Buying Looted Property:
A man knowingly buys diamonds stolen during armed conflict.
He can be punished under Section 155 for knowingly receiving property from war crimes.

Example 2 – Accepting a Looted Vehicle:
A person accepts a car looted during depredation in a foreign state at peace with India.
Even though they didn’t steal it, they face up to 7 years in jail + fine, and the vehicle is forfeited.

Why Section 155 is Important

• Prevents indirect profits from war crimes.
• Closes legal loopholes by punishing receivers as well as perpetrators.
• Protects national and international peace.
• Deters people from supporting or encouraging looting during wars or conflicts.

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Section 155 BNS Overview

BNS Section 155 refers to the laws regarding criminal conspiracy. It explains the punishment for two or more people planning or agreeing to commit an illegal act or a legal act in an illegal way. The section emphasizes that even if the act is not carried out, the agreement itself is punishable.

BNS Section 155: 10 Key Points

1. Receiving Property from War or Depredation:
   • This section focuses on those who take possession of property that was stolen or taken during war or looting. It is illegal to accept such property knowingly.
2. Intent and Knowledge Requirement:
   • The person must be aware that the property was taken through illegal means like war or depredation. Without this knowledge, they cannot be held accountable under this section.
3. Punishment – Imprisonment up to 7 Years:
   • The offender may face imprisonment for a term that can extend up to seven years. The length of imprisonment depends on the severity of the crime and the circumstances involved.
4. Punishment – Fine:
   • Besides imprisonment, offenders are also liable to pay a fine. The amount of the fine is decided based on the case’s details.
5. Property Forfeiture:
   • Any property received through these illegal acts is confiscated. The offender loses any rights to the property, and it becomes government property.
6. Cognizable Offense:
   • The crime is classified as “cognizable,” meaning the police have the authority to arrest the person without a warrant. This allows for quicker action by law enforcement.
7. Non-Bailable Offense:
   • The offense is non-bailable, meaning the person accused of the crime does not automatically have the right to be released on bail. They must apply for bail in court, and the court will decide.
8. Tried by Court of Session:
   • Cases under Section 155 are serious and are handled by the Court of Session. This court deals with major criminal offenses.
9. Link to National and International Security:
   • This law protects national security by ensuring that individuals who benefit from acts of war or depredation are punished. It prevents people from encouraging or supporting such illegal activities.
10. Prevention of Illegal Profits:

• This section ensures that individuals do not profit from crimes related to war or depredation. By enforcing penalties, the law discourages the handling of stolen property, maintaining peace and order.

Two Simple Examples of BNS Section 155:

1. Example 1:
   • A person knowingly buys gold that was stolen during a conflict between two regions. Even though they didn’t steal the gold themselves, they are punished under Section 155 for accepting it, with jail time and a fine.
2. Example 2:
   • Someone accepts a vehicle from a group that looted it during a war. Later, the government finds out, and the vehicle is confiscated, and the person is sentenced to several years in prison under Section 155 for knowingly receiving stolen goods.

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BNS 155 Punishment

Imprisonment:

• Offenders can face up to 7 years of imprisonment for receiving property taken in war or depredation.

Fine:

• In addition to imprisonment, a fine can also be imposed depending on the severity of the offense.

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BNS 155 bailable or not ?

BNS Section 155 is a non-bailable offense, meaning that the accused does not have the automatic right to bail and must apply to the court to be granted bail.

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Comparison Table – BNS Section 155 vs IPC Section 127 (Old Law)

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BNS Section 155 FAQs

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Conclusion

Section 155 of the BNS plays a crucial role in ensuring that crime does not pay. It extends accountability to those who benefit from looted or stolen property during acts of war or depredation. With punishments of up to seven years imprisonment, fines, and forfeiture of property, it creates a strong deterrent against profiteering from unlawful acts. By making the offense cognizable, non-bailable, and non-compoundable, this provision strengthens India’s stance on international law, discourages indirect support to criminals, and upholds both national and global peace.

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