Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023
📘 Section 108 – Offence of Dishonestly Receiving Stolen Property
⚖️ Paraphrased Provision
Section 108 penalizes a person who dishonestly receives or retains stolen property, knowing or having reason to believe that the property was stolen.
🔍 Detailed Explanation
✅ 1. What Is Stolen Property?
Property that has been taken without the consent of the owner, typically through theft, robbery, or burglary.
✅ 2. Who is Guilty Under Section 108?
Any person who receives, retains, or uses stolen property.
The person must have knowledge or reason to believe that the property is stolen.
✅ 3. Key Elements of the Offence
| Element | Explanation |
|---|---|
| Dishonest reception or retention | Receiving or keeping stolen goods with dishonest intent. |
| Knowledge or belief | The person knew or reasonably should have known the property was stolen. |
| Property involved | Any movable property that is stolen. |
✅ 4. Importance of Knowledge
Mere possession is not enough for guilt.
There must be awareness or reasonable suspicion that the property is stolen.
If the person innocently receives the property without knowledge, they are not liable.
⚖️ 5. Punishment
The offender can be punished with imprisonment, the duration of which may vary (depending on severity).
May also include fine, or both.
The punishment is intended to deter trafficking or handling of stolen goods.
👮 6. Practical Examples
Buying a mobile phone from a stranger, knowing it was likely stolen.
Keeping stolen jewelry after being told it was taken unlawfully.
Receiving stolen electronics for resale.
🎯 7. Objective of Section 108
To prevent trafficking in stolen goods.
To discourage people from benefiting from stolen property.
To protect owners’ rights by discouraging possession of stolen property.
📝 Summary Table
| Aspect | Explanation |
|---|---|
| Offence | Dishonestly receiving stolen property |
| Required knowledge | Knowledge or reason to believe property was stolen |
| Punishment | Imprisonment, fine, or both |
| Purpose | Prevent possession and trade of stolen goods |
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