You can only be punished under this section if you personally stole the property.

This section punishes people who knowingly receive, keep, deal in, or help hide stolen property, even if they had no role in the original theft, extortion, robbery, or cheating.

Bharatiya Nyaya Sanhita, 2023

Section 317

Stolen property

(1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.§

(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.§

(3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.§

(4) Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.§

(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of cheating§

Why this exists

This section targets the market for stolen goods — the receivers, fences, and habitual dealers who make theft, robbery, and dacoity profitable — recognising that cutting off the ability to sell or hide stolen property is as important as punishing the original thief. The much harsher punishment for property known to come from dacoity reflects the seriousness of that underlying crime.

Common misconceptions

Myth: You can only be punished under this section if you personally stole the property.
Fact: This section punishes people who knowingly receive, keep, deal in, or help hide stolen property, even if they had no role in the original theft, extortion, robbery, or cheating.