X, a child of six years steals a gold necklace in a house and A obtains that necklace from X for Rs. 10/-.  Is A guilty of any offence?

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Answer:

A is guilty of the offence of receiving stolen property under Sec. 411 of the I.P.C.

 

Where the possession of property is transferred by theft, extortion, robbery, criminal misappropriation or criminal breach of trust, then such property is termed as ‘stolen property’. Whoever dishonestly receives or retains any stolen property commits the offence of ‘Receiving stolen property’ under Sec. 411.

 

In the given problem:

  1. The possession of property namely the necklace is transferred by theft by X, a child of six years.

 

  1. A possesses knowledge that the necklace is stolen from a house.

 

  1. X cannot be held liable for theft, as he/she is a child below seven years.

 

  1. A has acted dishonestly knowing that the necklace must be a stolen property.

 

  1. His act of paying Rs. 10/- for a valuable necklace shows that he intentionally and dishonestly received the property from X.

 

Thus, A is guilty of committing the offence of ‘Receiving stolen property’ under Sec. 411. The punishment for this offence is imprisonment upto three years or fine or both.

Last Updated On January 30, 2018
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