IPC Section 496
Section 496 IPC – Receiving stolen property
Core idea:
This section deals with anyone who knowingly receives or buys property that has been stolen, or dishonestly receives property obtained by extortion or criminal breach of trust.
🔹 The Law (in essence)
Whoever receives or retains any stolen property, knowing or having reason to believe it is stolen, is guilty under this section.
“Stolen property” includes any movable property taken without the owner’s consent.
Key point: The person must have knowledge or reason to believe that the property is stolen. Accidental possession without knowledge is not an offence.
🔹 Punishment
Imprisonment: Up to 3 years, or
Fine, or
Both, depending on the gravity of the offence.
🔹 Key Elements
To prove an offence under Section 496, the prosecution must establish:
Property was stolen – There must have been a theft or dacoity (covered under Sections 378, 379 IPC, etc.).
The accused received or possessed it – The person must have physically or constructively received the property.
Knowledge or reason to believe – The person knew or had reasons to suspect that the property was stolen.
🔹 Examples
A sells a gold chain that he knows was stolen from someone else. → Guilty under Section 496.
A buys a smartphone at a very cheap price from B, knowing it was stolen. → Guilty.
A unknowingly accepts a stolen book as a gift, without any reason to suspect it was stolen. → Not guilty, because there is no knowledge or intent.
🔹 Important Points
The offence is cognizable (police can register a case), non-bailable, and triable by a magistrate.
Section 496 does not punish the original theft—that’s under Sections 378–379. It punishes those who deal with stolen property.
Mens rea (mental element) is crucial: knowledge or reason to believe property is stolen.
🔹 Relation with other Sections
Section 378 IPC: Defines theft.
Section 379 IPC: Punishment for theft.
Section 403 IPC: Dishonest misappropriation of property (lesser offence).
Section 411 IPC: Receiving stolen property, often used interchangeably with Section 496.
Section 411 IPC: Simpler cases of receiving stolen property.
Section 496 IPC: Typically applied when stolen property is of more serious or grave nature, e.g., stolen animals, goods, or valuable items.
🔹 Quick Recap
Section 496 IPC = Receiving stolen property knowingly.
Punishment: Up to 3 years imprisonment, fine, or both.
Key element: Knowledge or reason to believe property is stolen.
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