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Introduction of Section 155 BNS

BNS Section 155 deals with the offense of receiving property that has been obtained through acts of war or depredation, as described in BNS Sections 153 and 154. The section is designed to punish those who knowingly acquire or accept such unlawfully obtained property. It emphasizes accountability for those who indirectly benefit from these criminal acts by receiving stolen goods, ensuring that such activities are not rewarded.


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



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.


Explanation of BNS Section 155 regarding unlawful property received during war.
BNS Section 155 outlines the penalties for receiving property stolen during acts of war or depredation.

BNS 155 in Simple Points

  1. Receiving Stolen Property from War or Looting:
    • If someone knowingly accepts or handles property that was taken during war or looting, it is a crime.
  2. Punishment:
    • The person can be jailed for up to 7 years and must also pay a fine.
  3. Property Forfeiture:
    • The stolen property will be taken away by the government if the person is found guilty.
  4. Cognizable and Non-Bailable:
    • The police can arrest the person without a warrant, and the offense is non-bailable, meaning the accused can’t easily get out on bail.
  5. Tried in a Higher Court:
    • The case will be handled in the Court of Session, which deals with serious criminal cases.

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.

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.

Penalties for receiving property unlawfully taken during war.
Punishment under BNS Section 155 includes imprisonment and fines for receiving stolen property during war.

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.


Bharatiya Nyaya Sanhita Section 155

SectionDescriptionCognizableBailablePunishmentCourt
BNS 155Receiving property obtained through war or depredation, as described in Sections 153 and 154YesNoImprisonment up to 7 years, fine, and forfeiture of propertyCourt of Session
Bharatiya Nyaya Sanhita Section 155

BNS Section 155 FAQs

What is BNS Section 155 about?

Is BNS Section 155 a cognizable offense?

Is BNS Section 155 bailable?

No, it is a non-bailable offense, meaning bail is not automatically granted.

Which court handles cases under BNS Section 155?

What type of property is involved in BNS Section 155?


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