What is Section 412 IPC? Dishonestly receiving property stolen in commission of dacoity
Published on: Lawiz Team
Learn about Section 412 IPC: Dishonestly receiving property stolen in commission of dacoity
Official Legal Text
Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to be transferred by the commission of dacoity, or has been stolen from the possession of the Government or any public servant, 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.
What This IPC Section Means – Explained in Simple Words
Section 412 punishes anyone who dishonestly receives or retains property stolen during the commission of a dacoity.
Purpose
To ensure strict punishment for those who help in retaining or using property stolen during large-scale robberies (dacoity).
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or rigorous imprisonment up to 10 years, and fine.
Key Elements
1. The property must be stolen during a dacoity. 2. The accused must receive or retain it. 3. The accused must know or have reason to believe that it is stolen property from dacoity.
Punishment Details
Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and a fine.
Illustrative Example
If a person buys a stolen television from a gang of dacoits, they are punishable under Section 412.
Legal Defenses
If the accused can prove that they did not know the property was stolen during a dacoity, they may be acquitted.
Related Sections
Related to Section 410 (Stolen property) and Section 411 (Receiving stolen property).
Important Note
This section applies specifically to property stolen in dacoity (robbery by five or more persons).
FAQs
What does Section 412 IPC define?
Dishonestly receiving property stolen in the commission of a dacoity.
How is 'Dishonestly receiving property stolen in the commission of a dacoity' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 412 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 412?
Examples include real-life cases involving dishonestly receiving property stolen in the commission of a dacoity.
Is Section 412 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 412 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 412 significant?
It holds importance in the framework of criminal law.