Dishonestly receiving property stolen in the commission of a dacoity
Section 412 of the Indian Penal Code, 1860 deals with 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 dacoit 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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 dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Section 412, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 317 Stolen property Close, with changes 80%
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 The repealed enactment still governs what happened while it was in force.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.
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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Sanichar Sahni vs State of Bihar
Court's Decision & Legal Precedent
A person can be convicted of criminal conspiracy under Section 120-B IPC even if co-accused are not charged under the same section, provided: (a) there is credible evidence proving the accused conspired with others to commit an illegal act; (b) the accused was given fair notice and opportunity to defend against the conspiracy charge; (c) no actual prejudice resulting in failure of justice has been caused to the accused by any defect in charge framing; and (d) the conviction is supported by evidence led at trial. Defects in charge framing are not fatal to conviction unless the accused establishes real prejudice and demonstrates he did not receive a fair trial or understand the case against him.
On this section: Covers receiving or retaining stolen property. Applied to Munilal Sahni for possession of looted money.
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Jitendra Nat @ Din Dayal Nat @ Dayal Nat vs The State of Bihar
Court's Decision & Legal Precedent
When an accused is charged with serious offences including dacoity and illegal firearm possession arising from the same occurrence, and has already been granted bail in a related case, the High Court may grant bail in the present case with appropriate sureties and conditions, balancing the principles of individual liberty, presumption of innocence, and public interest, provided that the bail conditions are stringent enough to ensure the accused's appearance in court and compliance with legal obligations.
On this section: Receiving or retaining stolen property knowing it to be stolen—cited as one of the charges in the first case
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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… 2018.05.17 18:04:56 IST Reason: Signature Not Verified The eleven appellants herein, out of the fifteen persons who faced trial, are variously convicted under the provisions of the Criminal Appeal No. 701 of 2012 with Ors. Page 1 of 50 Indian Penal Code (IPC) for committing offences punishable under Sections 364A, 34, 395 and 412 of the IPC, hereby call into question the confirmation of their conviction by the High Court by the common impugned judgment and order dated March 30, 2010, which was rendered in a batch of appeals. Ensuing from their conviction on the above-mentioned charges, the appellants and others similarly situated have been …
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… 2018.05.17 18:04:56 IST Reason: Signature Not Verified The eleven appellants herein, out of the fifteen persons who faced trial, are variously convicted under the provisions of the Criminal Appeal No. 701 of 2012 with Ors. Page 1 of 50 Indian Penal Code (IPC) for committing offences punishable under Sections 364A, 34, 395 and 412 of the IPC, hereby call into question the confirmation of their conviction by the High Court by the common impugned judgment and order dated March 30, 2010, which was rendered in a batch of appeals. Ensuing from their conviction on the above-mentioned charges, the appellants and others similarly situated have been …
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… 2018.05.17 18:04:56 IST Reason: Signature Not Verified The eleven appellants herein, out of the fifteen persons who faced trial, are variously convicted under the provisions of the Criminal Appeal No. 701 of 2012 with Ors. Page 1 of 50 Indian Penal Code (IPC) for committing offences punishable under Sections 364A, 34, 395 and 412 of the IPC, hereby call into question the confirmation of their conviction by the High Court by the common impugned judgment and order dated March 30, 2010, which was rendered in a batch of appeals. Ensuing from their conviction on the above-mentioned charges, the appellants and others similarly situated have been …
Questions about Section 412
What have the courts held on Section 412 of the Indian Penal Code?
Sanichar Sahni vs State of Bihar (26 May 2009) is the leading judgment on this section among those set out below: Covers receiving or retaining stolen property. Applied to Munilal Sahni for possession of looted money. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2011.
How do I find court cases under Section 412 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 412, section 412 IPC, section 412 of the Indian Penal Code. People searching for it also type ipc 412 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sanichar Sahni vs State of Bihar (26 May 2009).
What should I read with Section 412 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers 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 412 of the Indian Penal Code come into force?
Section 412 of the Indian Penal Code, cited as IPC 412, 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.