Receiving Stolen Property Under the BNS (Section 317): IPC 411 Mapping (2026)
What receiving and dealing in stolen property means under Section 317 of the Bharatiya Nyaya Sanhita, 2023, which IPC sections it replaces, the punishment for each part, and whether it is cognizable and bailable. Last verified October 2026.
Explainer · BNS · Offences Against Property
A theft does not end with the thief. The person who buys, receives, or hides the stolen goods commits a separate offence, and the law has long punished the receiver as well as the taker. Since 1 July 2024 these offences have a new address. The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and the stolen property offences are now gathered in Section 317. This explainer sets out what Section 317 says, which old IPC sections it replaces, the punishment for each part, and whether the offences are cognizable and bailable. Last verified October 2026.
- New code: stolen property offences are Section 317 of the Bharatiya Nyaya Sanhita, 2023 (definition and receiving, dacoity property, habitual dealing, assisting concealment).
- Old code: it replaces Sections 410 to 414 of the Indian Penal Code, 1860.
- Punishment: receiving (317(2)) up to 3 years, or fine, or both; dacoity property and habitual dealing (317(3), 317(4)) life or up to 10 years, and fine.
- Classification: receiving (317(2)) is cognizable, non-bailable, triable by any Magistrate; the graver subsections are triable by the Court of Session.
- Research and tracking: Claw searches judgments and tracks cases under this section across 9,102 forums.
01The problem: the receiver, not just the thief
Stolen goods have to go somewhere. They are sold to a dealer, passed to a relative, pledged, or simply hidden. Each of those acts, done with knowledge that the goods are stolen, is an offence in its own right. Without it, a thief could simply pass the goods on and the law could not reach the market that makes theft worthwhile.
The practical problem today is the number. For generations these offences sat in Sections 410 to 414 of the Indian Penal Code, 1860. From 1 July 2024 they have been gathered into one section, Section 317 of the Bharatiya Nyaya Sanhita, 2023, with several subsections. A charge drawn today must use Section 317, while a search for older authorities still needs the old numbers.
The person who receives or hides stolen goods commits a separate offence from the thief. All of it is now Section 317 of the BNS.
02What Section 317 says
Section 317 of the BNS gathers the stolen property offences into one section with several subsections.
- Section 317(1): defines stolen property. Property whose possession has been transferred by theft, extortion, robbery, or cheating, and property that has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is stolen property, whether the transfer or misappropriation happened within India or outside it. Property that has later lawfully come back into the owner’s possession stops being stolen property.
- Section 317(2): dishonestly receiving or retaining stolen property, knowing or having reason to believe it to be stolen.
- Section 317(3): dishonestly receiving stolen property known to have been taken in a dacoity, or receiving it from a person known to belong to a gang of dacoits.
- Section 317(4): habitually receiving or dealing in property known or believed to be stolen.
- Section 317(5): voluntarily assisting in concealing, disposing of, or making away with stolen property, knowing or having reason to believe it to be stolen.
Knowledge is the heart of it
Each receiving offence turns on the state of mind: the person must know, or have reason to believe, that the property is stolen. An honest buyer who had no reason to suspect anything is not guilty. That is why proof of knowledge, or of circumstances that should have raised suspicion, usually decides these cases.
03The old-to-new mapping
The five IPC sections map into the subsections of Section 317.
| New code (BNS, 2023) | Old code (IPC, 1860) | What it covers |
|---|---|---|
| Section 317(1) | Section 410 | Definition of stolen property |
| Section 317(2) | Section 411 | Dishonestly receiving stolen property |
| Section 317(3) | Section 412 | Receiving property stolen in a dacoity |
| Section 317(4) | Section 413 | Habitually dealing in stolen property |
| Section 317(5) | Section 414 | Assisting in concealment of stolen property |
For the wider picture, see the IPC to BNS section mapping. The source offences that make property "stolen" are explained separately, including theft under Section 303 and robbery under Section 309.
04Punishment and classification
The punishment depends on which subsection applies.
- Section 317(2), receiving: imprisonment of either description up to three years, or fine, or both.
- Section 317(3), property stolen in a dacoity: imprisonment for life, or rigorous imprisonment up to ten years, and fine.
- Section 317(4), habitual dealing: imprisonment for life, or imprisonment up to ten years, and fine.
- Section 317(5), assisting concealment: imprisonment of either description up to three years, or fine, or both.
On classification, the ordinary receiving offence under Section 317(2) is cognizable, non-bailable, and triable by any Magistrate. The graver subsections, Section 317(3) and Section 317(4), are cognizable, non-bailable, and triable by the Court of Session, matching their much higher punishment.
05What changed, and what did not
In substance the offences are much the same as before. The BNS kept the definition of stolen property, the separate treatment of ordinary receiving, dacoity property, habitual dealing, and assisting concealment, and the broad shape of the punishments. The main change is structural: five IPC sections (410 to 414) have been gathered into one BNS section (317) with subsections.
Because the law is substantially the same, case law decided under Sections 410 to 414 of the IPC still guides how Section 317 is read, including the long line of decisions on when a receiver has "reason to believe" that goods are stolen. For research that means covering both the old and the new numbers.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
On a Section 317 matter the two practical jobs are research and tracking, and both got harder when the numbering changed in 2024. Claw lets you search more than 30 crore judgments, with Supreme Court authorities covered from 1950 and High Court authorities from 1990, so you can pull decisions under both Section 317 of the BNS and the old Sections 410 to 414 of the IPC, including the long line on when a receiver had reason to believe goods were stolen, with results in under 5 seconds. It also keeps a live case in view, following its orders and hearing dates by party or advocate name across the 9,102 courts, benches and forums Claw tracks. For the wider view, see case search across Indian courts.
Claw does not file a case or give legal advice, and it does not use customer case documents to train AI models. Create a free Claw account to search and follow Section 317 matters by party or advocate name.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- BNS Section 317 (reference text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.
08Frequently asked questions
What is the section for receiving stolen property under the new law?
It is Section 317 of the Bharatiya Nyaya Sanhita, 2023. Section 317(2) punishes dishonestly receiving or retaining stolen property. The section also covers the definition of stolen property, property stolen in a dacoity, habitual dealing, and assisting concealment. It replaced Sections 410 to 414 of the Indian Penal Code from 1 July 2024.
Which IPC sections does BNS Section 317 replace?
It replaces Sections 410 to 414 of the IPC. In order: Section 410 (definition) becomes 317(1), 411 becomes 317(2), 412 becomes 317(3), 413 becomes 317(4), and 414 becomes 317(5).
What is the punishment for receiving stolen property under Section 317 BNS?
For ordinary receiving under Section 317(2), imprisonment up to three years, or fine, or both. For property stolen in a dacoity (317(3)) or habitual dealing (317(4)), imprisonment for life, or up to ten years, and a fine.
Is receiving stolen property a bailable offence?
The ordinary receiving offence under Section 317(2) is non-bailable, so bail is decided by the court. It is also cognizable and triable by any Magistrate. The graver subsections carry life imprisonment and are triable by the Court of Session.
Does the receiver have to know the goods were stolen?
Yes. The offence turns on the state of mind. The person must know, or have reason to believe, that the property is stolen. An honest buyer with no reason to suspect anything is not guilty, which is why proof of knowledge or suspicious circumstances usually decides these cases.
Can I find and track Section 317 cases in Claw?
Yes. Claw lets you search more than 30 crore judgments under both Section 317 of the BNS and the old Sections 410 to 414 of the IPC, usually in under 5 seconds, and follow a live case through its orders and hearing dates by party or advocate name across the 9,102 courts, benches and forums it tracks. It supports the research and tracking, but does not file the case or give legal advice.