Question
Consider the following statements regarding receiving
stolen property under Section 313 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: A person who receives stolen property knowing it to be stolen commits an offence under Section 313. Statement 2: A person who receives stolen property without knowledge that it is stolen but later becomes aware of its stolen status is liable under Section 313. Statement 3: The knowledge that property is stolen must be actual knowledge; constructive knowledge is insufficient for conviction under Section 313. Statement 4: Receiving stolen property includes not only taking possession but also retaining it in one's possession. Which statements are correct?Solution
Section 313 of BNS, 2023 addresses "Receiving stolen property knowing it to be stolen". Statement 1 is correct—knowledge and receiving are essential. Statement 4 is correct—the section applies to receiving and retaining. Statement 2 is problematic because the section requires knowledge "at the time of receiving"; subsequent knowledge may not suffice for conviction under this section, though it might constitute retention. Statement 3 is debatable; while actual knowledge is preferred, constructive knowledge (where circumstances warrant knowledge) may suffice in some judicial interpretations. Statements 1 and 4 are clearly correct.
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