Question
A person is found in possession of stolen property
without any reasonable explanation, and the property matches the description of stolen goods from a recent theft. Under which section of the Bharatiya Nyaya Sanhita, 2023 can this unexplained possession be used as evidence against the accused?Solution
Section 312 of BNS, 2023 deals with "Receiving or retaining stolen property". However, the most direct provision regarding possession of stolen property as evidence is rooted in Section 313, which addresses the "Receiving stolen property knowing it to be stolen". When a person is found in possession of recently stolen property and cannot furnish a reasonable explanation, the court may presume them to be guilty of theft or receiving stolen property. Section 312-314 collectively address the various aspects of handling and possessing stolen property, with Section 313 being most relevant to unexplained possession implying knowledge of the theft.
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