Indian Penal Code, 1860
Section 412
repealedDishonestly receiving property stolen in the commission of a dacoity
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.
Why this exists
Dacoity, robbery committed by a group of five or more people, is treated as an especially serious crime because of its organized and violent nature. This section discourages people from dealing in property from such crimes by imposing a much harsher penalty than ordinary receiving of stolen property, aiming to cut off the market that helps dacoit gangs profit from their crimes. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 318.
How courts read it
Courts require proof either that the property is specifically traceable to a dacoity, or that the person from whom it was received was known or believed to belong to a gang of dacoits, in addition to proving the accused's knowledge or reasonable belief that the property was stolen.
Common misconceptions
- Myth: This section applies to any stolen goods, no matter how they were stolen.
Fact: It specifically applies to property stolen during a dacoity or received from persons known or believed to belong to a gang of dacoits, making it stricter than the general provision for receiving stolen property.