IPC 410 Is Now BNS 317(1): Definition of Stolen Property

What Changed From IPC 410 to BNS 317(1)?

Section 410 IPC corresponds to Section 317(1) BNS. Section 317(1) BNS widens the definition by adding cheating, so that property obtained by cheating is now designated as stolen property. Under Section 410 IPC, only property transferred by theft, extortion, robbery, criminal misappropriation, or criminal breach of trust was included. The rules that the act may occur within or without India and that property ceases to be stolen upon returning to a person legally entitled to possess it are retained.

IPC 410 vs BNS 317(1): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	410	317(1)
Offence	Stolen property	Same
Punishment	None of its own. Section 410 IPC is a definition provision and prescribes no punishment. Liability arises under the punishing sections: Section 411 IPC, Section 412 IPC, Section 413 IPC, and Section 414 IPC.	None of its own. Section 317(1) BNS is a definition provision and prescribes no punishment. Liability arises under the punishing sub-sections: Section 317(2) BNS, Section 317(3) BNS, Section 317(4) BNS, and Section 317(5) BNS.
Fine	None of its own. Fines are prescribed under the punishing sections from Section 411 IPC to Section 414 IPC.	None of its own. Fines are prescribed under the punishing sub-sections from Section 317(2) BNS to Section 317(5) BNS.
Bail	Non-Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same

IPC 410 and BNS 317(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 410, IPC 1860

410. 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 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.

BNS 2023 (in force)

Section 317(1), BNS 2023

(1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, 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.

Ingredients: IPC 410 vs BNS 317(1)

Under IPC 410

Possession of the property was transferred by theft, by extortion, or by robbery, or the property was criminally misappropriated, or criminal breach of trust was committed in respect of it
The transfer, misappropriation, or breach of trust occurred within or without India
The property has not subsequently come into the possession of a person legally entitled to the possession thereof

Under BNS 317(1)

Transfer of possession by theft, extortion, robbery, or cheating under Section 317(1) BNS
Criminal misappropriation or criminal breach of trust committed in respect of the property, whether within or without India
Cessation of stolen status upon subsequent possession by a person legally entitled to possess it

What IPC 410 to BNS 317(1) Means for Pending Cases

For Section 410 IPC (now Section 317(1) BNS): under Section 317(1) BNS, property transferred by cheating is also stolen property. A charge for an act done after the BNS came into force cites Section 317(1) BNS.

FAQs: IPC 410 to BNS 317(1)

What changed from Section 410 IPC to Section 317(1) BNS?▼

Section 317(1) BNS widens the definition of stolen property by adding cheating to theft, extortion, robbery, criminal misappropriation, and criminal breach of trust. Under Section 410 IPC, property obtained by cheating was not designated as stolen property.

Where does Section 410 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 410 IPC is located at Section 317(1) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 410 IPC or Section 317(1) BNS apply to an act done before 1 July 2024?▼

Section 410 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 410 IPC. Section 317(1) BNS governs acts done on or after 1 July 2024.

IPC 410 to BNS 317(1): Stolen property

IPC 410 to BNS 317(1) at a Glance