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KembaraXtra - Bharatiya Nyaya Sanhita - Section 155 - Receiving Property Taken by War or Depredation Mentioned in Sections 153 and 154
Introduction
Section 155 of the Bharatiya Nyaya Sanhita, 2023, deals with the receipt of property obtained through the commission of offences mentioned in Sections 153 and 154.
The provision applies when a person receives property knowing that it was taken in the commission of either of those offences.
It establishes criminal liability for knowingly receiving property connected with war or depredation as described in the referenced provisions.
The punishment includes imprisonment extending up to seven years, liability to a fine and forfeiture of the property received.
Meaning of Section 155
Under Section 155, a person commits an offence if they receive property knowing that it was taken during the commission of an offence mentioned in Section 153 or Section 154 of the Bharatiya Nyaya Sanhita.
The provision therefore focuses on two essential matters: the receipt of property and the recipient’s knowledge of its connection with the specified offences.
A person who knowingly receives such property may be punished even though the section does not require that person to have personally participated in the original offence.
Essential Ingredients of Section 155
1. There Must Be Receipt of Property
The accused must receive property.
The provision is directed at the person who receives the property rather than being confined to the person who originally took it.
2. The Property Must Have Been Taken During the Commission of a Specified Offence
The property must have been taken in the commission of an offence mentioned in Section 153 or Section 154.
The provision therefore requires a connection between the property received and one of the two specified offences.
3. The Accused Must Know the Origin of the Property
The accused must know that the property was taken in the commission of an offence mentioned in Section 153 or Section 154.
Knowledge is an express requirement of Section 155.
The provision does not merely punish the receipt of property. It punishes receipt accompanied by knowledge of the property’s connection with the specified offences.
4. The Property Must Be Connected with Section 153 or Section 154
Section 155 specifically refers to property taken in the commission of offences under Sections 153 and 154.
The offence therefore depends upon the property having the connection described in those provisions.
Importance of Knowledge
The requirement of knowledge is central to Section 155.
The statutory wording expressly refers to a person receiving property knowing that it was taken in the commission of the specified offences.
Accordingly, the fact that property was received is not, by itself, sufficient to establish every element of the offence.
The recipient’s knowledge of the property’s unlawful origin must also be established.
Liability of the Receiver
Section 155 deals with a person who receives property taken in the commission of an offence under Section 153 or Section 154.
The provision does not require the receiver to be the person who originally committed the offence through which the property was taken.
It separately addresses the conduct of receiving such property with the required knowledge.
Thus, criminal liability under Section 155 arises from the knowing receipt of property connected with the specified offences.
Punishment Under Section 155
A person who commits the offence under Section 155 may be punished with:
- Imprisonment of either description for a term extending up to seven years;
- Liability to a fine; and
- Forfeiture of the property received.
The provision therefore prescribes imprisonment extending up to seven years and additionally makes the offender liable to a fine and forfeiture of the property.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Forfeiture of Property
An important feature of Section 155 is its express reference to forfeiture.
In addition to imprisonment and liability to a fine, the offender is liable to forfeiture of the property received.
This consequence specifically concerns the property obtained through the conduct prohibited by the section.
The provision therefore addresses both the offender’s criminal liability and the property received in connection with the specified offences.
Classification of the Offence
The supplied extract does not include the classification of the offence under Section 155.
Accordingly, its cognizable or non-cognizable status, bailable or non-bailable status, and the court competent to try the offence are not stated here.
Commentary
Section 155 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 127 of the Indian Penal Code, 1860.
According to the supplied commentary, the language of the provision remains unchanged apart from the updating of statutory references.
The earlier provision referred to Sections 125 and 126 of the Indian Penal Code.
Under the Bharatiya Nyaya Sanhita, those references have been replaced with Sections 153 and 154.
The change therefore concerns the numbering of the referenced offences under the new legislation.
Key Takeaway
Section 155 makes it an offence to receive property knowing that it was taken in the commission of an offence mentioned in Section 153 or Section 154 of the Bharatiya Nyaya Sanhita.
The essential requirements are receipt of property, a connection between the property and one of the specified offences, and knowledge of that connection.
The punishment may extend to seven years’ imprisonment, together with liability to a fine and forfeiture of the property received.
IPC Equivalent: Section 127 IPC.
Legislative Position: The provision has been retained, with references to IPC Sections 125 and 126 replaced by BNS Sections 153 and 154.
Final Memory Formula
SECTION 155 = RECEIPT OF PROPERTY + PROPERTY TAKEN IN AN OFFENCE UNDER SECTION 153 OR 154 + KNOWLEDGE OF ITS ORIGIN = UP TO SEVEN YEARS’ IMPRISONMENT + LIABILITY TO FINE + FORFEITURE OF PROPERTY RECEIVED.
IMPORTANT DISTINCTION: SECTION 155 PUNISHES KNOWING RECEIPT OF PROPERTY TAKEN THROUGH THE SPECIFIED OFFENCES, EVEN WHERE THE RECEIVER DID NOT PERSONALLY COMMIT THE ORIGINAL OFFENCE.
