Section 412 IPC: Dishonestly receiving property stolen in the commission of a dacoity

Indian Penal Code, 1860

Section 412 IPC at a Glance

Section 412 IPC deals with dishonestly receiving property stolen in the commission of a dacoity. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 317(3) BNS.

Punishment

Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

Non-Bailable β“˜Cognizable β“˜Non-Compoundable β“˜πŸ›οΈ Court of Session β“˜
BNS Equivalent

Section 317(3) β†’

Section 412 IPC Bare Act Text

412. 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 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.

Source: Section 412, Indian Penal Code, 1860

Section 412 IPC in Simple Words

Section 412 of the Indian Penal Code (IPC) punishes dishonestly receiving property stolen in the commission of a dacoity or receiving stolen property from a gang of dacoits. It applies where a person dishonestly receives or retains stolen property knowing or having reason to believe that its possession was transferred by dacoity, or dishonestly receives property known or believed to be stolen from a person known or believed to belong or have belonged to a gang of dacoits.

The punishment is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to fine. Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is cognizable, non-bailable, and triable by the Court of Session.

The offence cannot be compounded under Section 320 CrPC.

Ingredients of Section 412 IPC

  • The property in question was stolen property
  • The accused dishonestly received or retained the property, knowing or having reason to believe that possession thereof was transferred by the commission of dacoity
  • In the alternative, the accused dishonestly received property known or believed to be stolen from a person whom the accused knew or had reason to believe to belong or to have belonged to a gang of dacoits

Punishment Under Section 412 IPC

Imprisonment

Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

Fine

The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable β“˜Cognizable β“˜Non-Compoundable β“˜πŸ›οΈ Court of Session β“˜

Dishonestly receiving property stolen in a dacoity or receiving stolen property from a gang of dacoits carries imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine.

Example of Section 412 IPC

In 2017, a group of six bandits conjointly committed dacoity on a merchant caravan near Gwalior and carried away crates of silver bullion. The next day, one of the bandits, whom Madhav knew belonged to a gang of dacoits, brought three crates of the stolen silver bullion to Madhav's foundry. Knowing both that the supplier belonged to a gang of dacoits and that possession of the silver had been transferred by the commission of dacoity, Madhav dishonestly received and retained the crates for his own gain. Madhav is punishable under Section 412 IPC.

When Section 412 IPC Does Not Apply

  • Section 412 IPC does not apply when the property received or retained is not stolen property.
  • Section 412 IPC does not apply when the receiver knew the goods were stolen by a lone thief in an ordinary theft, with no dacoity and no involvement of a gang of dacoits.
  • Section 412 IPC does not apply when the accused received the property honestly without knowing or having reason to believe that it was stolen or connected to dacoity.
  • Section 412 IPC does not apply when the stolen property had already returned to the lawful possession of its rightful owner before reaching the accused.

Section 412 IPC in the BNS

Section 412 IPC is now covered under Section 317(3) BNS.

Section 412 IPC corresponds to Section 317(3) BNS. Section 317(3) BNS reproduces the text and penalties of Section 412 IPC without substantive change, retaining imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine. The provision forms the third sub-section of consolidated Section 317(3) BNS. Through the expanded definition of stolen property in Section 317(1) BNS, the second limb of Section 317(3) BNS now also covers property obtained by cheating when received from a person belonging to a gang of dacoits.

View detailed comparison (IPC 412 vs BNS 317(3)) β†’

FAQs on Section 412 IPC

What does Section 412 IPC punish?β–Ό

Section 412 IPC punishes dishonestly receiving or retaining stolen property transferred by dacoity, or dishonestly receiving stolen property from a person known or believed to belong to a gang of dacoits.

What is the punishment under Section 412 IPC?β–Ό

A person convicted under Section 412 IPC faces imprisonment for life, or rigorous imprisonment for a term extending up to ten years, alongside liability to fine.

Is Section 412 IPC bailable and cognizable?β–Ό

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 412 IPC is cognizable and non-bailable, and is triable by the Court of Session.

Can an offence under Section 412 IPC be compounded?β–Ό

No. Section 412 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

How does Section 412 IPC differ from Section 411 IPC?β–Ό

Section 411 IPC punishes receiving ordinary stolen property with imprisonment up to three years, while Section 412 IPC is an aggravated offence specifically punishing receipt of property stolen in dacoity or from a gang of dacoits with life imprisonment or rigorous imprisonment up to ten years.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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