Indian Penal Code, 1860
Section 411
repealedDishonestly receiving stolen property
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.
Why this exists
This section discourages the market for stolen goods by punishing not just thieves but also those who knowingly buy or hold onto stolen property. Without such a provision, thieves would find it easy to profit from stolen goods through willing buyers, so the law targets the demand side of theft-related crime as well. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 317(2).
How courts read it
Courts have consistently held that mere possession of stolen property is not enough; the prosecution must prove that the accused either knew the property was stolen or had reason to believe so, based on surrounding circumstances such as an unusually low price, suspicious circumstances of the sale, or the seller's demeanor.
Common misconceptions
- Myth: You are only guilty if you personally stole the item.
Fact: You can be guilty under this section simply for receiving or keeping stolen property while knowing or suspecting it was stolen, even if someone else stole it.