Section 317 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 317 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XVII – Offences Against Property (Receiving Stolen Property):
🛡️ Section 317 – Stolen Property
🔹 Definition (Clause 1):
Property that has been transferred by theft, extortion, robbery, cheating, criminal misappropriation, or criminal breach of trust—whether within or outside India—is deemed “stolen property.”
However, if it lawfully passes into the hands of someone entitled to its possession, it ceases to be stolen property. (testbook.com, myjudix.com)
🔹 Sub-Sections & Penalties:
| Sub-Section | Conduct | Punishment |
|---|---|---|
| (2) | Dishonestly receives or retains stolen property, knowing or having reason to believe it is stolen. | Up to 3 years’ imprisonment, or fine, or both (myjudix.com) |
| (3) | Receives stolen property from a dacoity, or from a known member of a gang of dacoits. | Life imprisonment, or rigorous imprisonment up to 10 years, plus fine |
| (4) | Habitually receives or deals in stolen property, knowing or believing it stolen. | Life imprisonment, or rigorous imprisonment up to 10 years, plus fine |
| (5) | Voluntarily assists in concealing, disposing of, or making away with stolen property. | Up to 3 years’ imprisonment, or fine, or both |
🔍 Key Takeaways
Broad definition of stolen property—includes misappropriated or fraudulently obtained assets. (nishithdesai.com)
Two tiers of punishment:
Lesser cases (basic receipt) → ≤3 years or fine.
Aggravated cases (dacoity-linked or habitual dealing) → up to life or 10 years + fine.
Mandatory fine applies at higher penalty levels (subsections 3 & 4).
⚖️ Comparison with IPC
BNS Section 317 consolidates IPC Sections 410–414, preserving core offences relating to receiving and dealing with stolen property while simplifying structure.
(nishithdesai.com)
✅ Summary
Section 317 criminalizes:
Receiving stolen goods (up to 3 years),
Knowing deals from dacoity gang or habitual receivers (life or up to 10 years),
Plus facilitating disposal of stolen property (up to 3 years).
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