Indian Penal Code, 1860
Section 410
repealedStolen 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.
Why this exists
This section provides the legal definition needed to prosecute people who deal with property obtained through various property offences, since separate sections punish receiving or dealing in stolen property. It clarifies that the term stolen property covers a wide range of illegal ways of acquiring goods, not just theft in the narrow sense, and it also clarifies when property legally ceases to carry that tainted status. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 317.
How courts read it
Courts treat this as a definitional section that sets the foundation for offences like dishonestly receiving stolen property under later sections. They examine whether the chain of custody shows the property originated from theft, extortion, robbery, criminal misappropriation, or breach of trust, and whether it had returned to a lawful claimant before the alleged offence.
Common misconceptions
- Myth: Only items physically stolen by theft count as stolen property.
Fact: The definition also includes property taken through extortion, robbery, criminal misappropriation, or criminal breach of trust.