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    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?
    A Statements 1 and 4 only Correct Answer Incorrect Answer
    B Statements 1, 3, and 4 only Correct Answer Incorrect Answer
    C Statements 2 and 4 only Correct Answer Incorrect Answer
    D Statements 1 and 2 only Correct Answer Incorrect Answer
    E Statements 1, 2, 3, and 4 only Correct Answer Incorrect Answer

    Solution

    Section 313 of BNS, 2023 addresses "Receiving stolen property knowing it to be stolen". Statement 1 is correctтАФknowledge and receiving are essential. Statement 4 is correctтАФthe 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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