IPC Section 127 - Receiving Property Taken by War or Depredation
Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
Official Text
“Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.”
Legal Analysis
Elements to Prove:
- Original Offense: Property was taken through an act of war or depredation (an offense under §125 or §126).
- Act of Receiving: The accused received such property.
- Knowledge (Mens Rea): The accused knew that the property was obtained via such an offense. This is the most critical element to prove.
Potential Defenses:
- The main defense is a lack of knowledge. The accused could argue they had no idea about the property's illicit origins.
- They could argue that they believed it was acquired through legitimate channels or, at worst, common theft, not an act of war against a state.
Practical Examples
What Constitutes the Offense:
A group commits depredation in a border town of Bangladesh (a power at peace with India) under the circumstances of Section 126. They steal valuable artifacts. A collector in India, knowing these artifacts were looted during that specific raid, buys them. The collector is guilty under this section.
What Doesn't Constitute:
Buying goods from a smuggler who illegally brought them across the border. Even if the goods were stolen, unless the accused knows they were taken as part of an act of "war" or "depredation" as defined in §125 or §126, this section won't apply. It would likely be an offense under Section 411 (receiving stolen property).
Important Case Laws
Almost Never Used
This section is almost never used because it's entirely dependent on a crime being committed under Section 125 or 126, which are themselves historical and rarely invoked. Case law is practically non-existent. The legal principles would be similar to those for Section 411 (Receiving stolen property), but the crucial difference is the origin of the property—it must come from an act of war against an ally or from plundering the territory of a friendly nation.
Punishment
Imprisonment for up to 7 years, a Fine, and Forfeiture of the received property
Related Information
Connected Sections:
This section is a direct consequence of §125 and §126. It punishes those who create a market for the spoils of such acts, thereby discouraging the original offenses. It criminalizes the final step in the chain of these specific international crimes.
Procedural Aspects:
Prosecution requires sanction from the Central Government. The offense is triable by a Court of Session.