Stolen property
Section 410 of the Indian Penal Code, 1860 deals with stolen property. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as "stolen property", [whether the transfer has been made, or the m The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as "stolen property", [whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without [India]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Section 410, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 317 Stolen property Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 9
- Delhi Police Act s. 104 Omission by pawn-brokers, etc., to report to police possession or tender of property suspected to be stolen
- Delhi Police Act s. 105 Melting, etc., of property referred to in section 104
- Gujarat Police Act s. 168
- Karnataka Police Act s. 99
- Karnataka Police Act s. 100 Melting, etc., of such property
- Maharashtra Police Act s. 126 Omission by pawn-brokers, etc., to report to Police possession or tender of property suspected to be stolen
- Maharashtra Police Act s. 127 Melting, etc., of such property
- Odisha Urban Police Act s. 91 Omission to report to police possession, etc, of property suspected to be stolen
- Odisha Urban Police Act s. 92
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Rajasthan vs Kailash
Court's Decision & Legal Precedent
Possession of photocopies of stolen documents does not constitute receiving or possessing 'stolen property' as defined under Section 410 I.P.C. Photocopies are distinct items from the original stolen property, and without intention to receive tangible moveable stolen property and without prior concert or conspiracy, individuals cannot be prosecuted under Sections 411 or 414 I.P.C. merely for possessing reproductions of stolen originals. Penal offences cannot be created or expanded through interpretative processes; such expansion requires explicit legislative action.
On this section: Definition of stolen property - Court analyzed that stolen property under this section refers to tangible moveable property that was actually stolen, not reproductions or photocopies thereof
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Even then, the precise connection between Malik and Mehra on the one side and Narang brothers on the other was not known. All that was known was that the pillars which were stolen property within the definition of the expression in Section 410 Indian Penal Code were found to be in the possession of Narang brothers in London. On the discovery of the genuine pillars in the possession of Narang brothers, without anything further to connect Narang brothers with Malik and Mehra, the police had no option but to register a case under Section 411 Indian Penal …
Questions about Section 410
What have the courts held on Section 410 of the Indian Penal Code?
State of Rajasthan vs Kailash (22 Mar 2006) is the leading judgment on this section among those set out below: Definition of stolen property - Court analyzed that stolen property under this section refers to tangible moveable property that was actually stolen, not reproductions or photocopies thereof.
How do I find court cases under Section 410 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 410, section 410 IPC, section 410 of the Indian Penal Code. People searching for it also type ipc 410 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Rajasthan vs Kailash (22 Mar 2006).
What should I read with Section 410 of the Indian Penal Code, and has it changed?
9 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 317 (Stolen property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 410 of the Indian Penal Code come into force?
Section 410 of the Indian Penal Code, cited as IPC 410, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.