Tue. Nov 24th, 2020

Section 412 Dishonestly receiving property stolen in the commission of a dacoity

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Section 412 Dishonestly 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 dacoity, property which he knows or has reason to believe to have been stolen, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Ses­sion—Non-compoundable.

Comments

(i) When no part of prosecution case is found reliable including the alleged recovery of stolen property at the instance of accused it seems to be on effort by police to involve the accused persons by hook or by crook therefore conviction of co-accused is also liable to be set aside; State v. Chhotey Lal, 1999 Cr LJ 3411 (Del).

(ii) When articles were received soon after dacoity and proved to have been stolen in dacoity, offence falls under section 412 and not under section 395; Amar Singh v. State of Madhya Pradesh, AIR 1982 SC 129: (1982) Cr LJ 610.

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