Section 410 IPC: Stolen property

Indian Penal Code, 1860

Section 410 IPC at a Glance

Section 410 IPC deals with stolen property. From 1 July 2024 it is replaced by Section 317(1) BNS.

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.

BNS Equivalent

Section 317(1) →

Section 410 IPC Bare Act Text

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.

Source: Section 410, Indian Penal Code, 1860

Section 410 IPC in Simple Words

Section 410 of the Indian Penal Code (IPC) defines stolen property. It designates property as stolen property if its possession has been transferred by theft, extortion, or robbery, or if it has been criminally misappropriated, or if criminal breach of trust has been committed in respect of it, whether within or without India.

The section provides that if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it ceases to be stolen property. Section 410 IPC prescribes no punishment and has no entry in the First Schedule to the Code of Criminal Procedure, 1973; punishment is provided under Section 411 IPC to Section 414 IPC.

Ingredients of Section 410 IPC

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

Punishment Under Section 410 IPC

Imprisonment

Fine

None of its own. Fines are prescribed under the punishing sections from Section 411 IPC to Section 414 IPC.

Section 410 IPC defines stolen property and creates no offence of its own. The First Schedule to the CrPC contains no entry for Section 410 IPC; classification and punishment follow the specific receiving offence charged under Sections 411 to 414 IPC.

Example of Section 410 IPC

In 2018, Dinesh robbed an Indian merchant named Arvind of a gold watch while Arvind was travelling outside India, and Dinesh later brought the watch to Varanasi and handed it to Kabir. Because possession of the watch had been transferred by robbery, it became stolen property regardless of whether the transfer occurred within or without India, and it had not returned to Arvind, the person legally entitled to its possession. Once the watch comes back into Arvind's lawful possession, it ceases to be stolen property. Until then, the watch is designated as stolen property within Section 410 IPC.

When Section 410 IPC Does Not Apply

Section 410 IPC does not apply when the property was acquired through a lawful sale or gift rather than by theft, extortion, robbery, criminal misappropriation, or criminal breach of trust.
Section 410 IPC does not apply when possession of the property was obtained solely through cheating, as cheating is not one of the modes listed in the provision.
Section 410 IPC ceases to apply once the property subsequently returns to the possession of a person who is legally entitled to possess it.
Section 410 IPC does not apply when a dispute over property involves a mere civil breach of contract without any criminal misappropriation or criminal breach of trust.

Section 410 IPC in the BNS

Section 410 IPC is now covered under Section 317(1) BNS.

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.

View detailed comparison (IPC 410 vs BNS 317(1)) →

FAQs on Section 410 IPC

What is stolen property under Section 410 IPC?▼

Under Section 410 IPC, stolen property is property whose possession was transferred by theft, extortion, or robbery, or which was criminally misappropriated, or in respect of which criminal breach of trust was committed.

Does Section 410 IPC prescribe any punishment?▼

No. Section 410 IPC is purely a definition section. Penalties for dealing with stolen property are prescribed under Section 411 IPC to Section 414 IPC.

When does property cease to be stolen property under Section 410 IPC?▼

Property ceases to be stolen property when it subsequently comes into the possession of a person legally entitled to the possession thereof.

Did Section 410 IPC cover property obtained by cheating?▼

No. Section 410 IPC did not include property obtained by cheating. However, Section 317(1) BNS has now added cheating to the definition.

Is Section 410 IPC listed in the First Schedule to the CrPC?▼

No. Because Section 410 IPC defines a term rather than creating an offence, it has no entry in the First Schedule to the Code of Criminal Procedure, 1973.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·