● Modified in BNS
Dishonestly receiving or retaining property known, or believed, to be stolen carries up to 3 years' imprisonment under BNS Section 317(2), unchanged from IPC 411. The real change is upstream: "cheating" is now added as a way property can become "stolen property" for this offence.
Section 410 IPC defined "stolen property" as property obtained through theft, extortion, robbery, criminal misappropriation or criminal breach of trust. Section 411 punished dishonestly receiving or retaining such property, knowing or having reason to believe it stolen, with imprisonment up to 3 years, or fine, or both.
BNS Section 317(1) reproduces the "stolen property" definition but adds "cheating" (BNS 318) as a fourth predicate offence -- so property obtained by cheating can now itself be "stolen property" under this chapter. Section 317(2) reproduces the Section 411 punishment unchanged.
Punishment unchanged. The substantive change is upstream, in the parent definition: cheating is now expressly listed as a way property can become "stolen property," widening what this offence can attach to compared with the old IPC.
Imprisonment of either description up to 3 years, or fine, or both..
IPC 411 is non-bailable..
This is a cognizable. offence.
Compoundable without the permission of the court, by the owner of the property stolen..
Matters under IPC 411 are tried before the Any Magistrate..
Common defences include lack of knowledge or reason to believe the property was stolen, a genuine and reasonable belief the seller/transferor had good title, and absence of dishonest intention in receiving or retaining the property.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons