IPC Section 412

IPC Section 412 – Dishonestly receiving stolen property

What it means

Section 412 deals with a situation where a person receives or retains stolen property, knowing or having reason to believe that it is stolen.

Even if the person did not commit the theft, they can be punished for handling stolen goods dishonestly.

Key Points

Actus Reus (The Act)

The offender must receive, retain, or dispose of stolen property.

Receiving can be directly or indirectly, such as taking the property from someone else or keeping it for themselves.

Mens Rea (The Mental Element)

The person must know or have reason to believe that the property is stolen.

Mere possession without knowledge of theft does not make one guilty under this section.

Definition of Stolen Property

“Stolen property” means any property obtained through theft, extortion, robbery, or dacoity.

Even if the original theft was committed elsewhere, knowingly receiving it is punishable.

Punishment

The punishment under Section 412 is:

Imprisonment of up to 3 years, or

Fine, or

Both

Illustrations / Examples

Example 1 – A steals a bike, and B buys it knowing it was stolen. B is guilty under Section 412.

Example 2 – A receives money from C, knowing it was stolen from D. A is liable under Section 412.

Example 3 – A unknowingly receives stolen property (no knowledge). A is not guilty, because mens rea is missing.

Objective of Section 412

To punish those who facilitate theft indirectly by handling stolen property.

To deter the circulation of stolen goods in society.

To ensure that criminal acts like theft do not benefit anyone else knowingly.

In summary:
Section 412 IPC punishes anyone who dishonestly receives, retains, or disposes of stolen property, knowing or having reason to believe it is stolen. The punishment can be imprisonment for up to 3 years, or a fine, or both.