Legal Question in Criminal Law in India

buying stolen goods

If a scrap dealer buys certain goods

from a person and later it comes up

that those goods were stolen by

that person then how can the scrap

dealer save himself from legal

proceedings against him?


Asked on 12/12/08, 2:53 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: buying stolen goods

He should produce evidence that he had no knowledge at ANY STAGE of the transaction that the goods were stolen.

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Answered on 12/12/08, 9:09 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: buying stolen goods

Depends on the evidence against the scrap dealer.

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Answered on 12/13/08, 2:52 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: buying stolen goods

If he had no knowledge that goods were stolen and had purchased the same in good faith he should report the fact to the police and court.

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Answered on 12/14/08, 9:26 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: buying stolen goods

at the first instance, the f.i.r would be lodged against the dealer as well because purchasing stolen goods is also a crime. but the dealer may apply for the bail on the grounds that he is a scrap dealer and was not aware whether the goods are stolen or not.

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Answered on 12/12/08, 4:31 am
Nasir Butt Nasir Law Associates

Re: buying stolen goods

Receiving and keeping stolen goods is offence under sections 410 to 414 of Indian Penal Code. Take notice that such receiving of stolen property becomes offence when it is received dishonestly. Dishonesty can be proved by wrongful gain or wrongful loss. If the goods are received in a usual course of business without knowledge of being stolen from open market, and at normal price, then it is good defence of being bona-fide purchaser.

In the first instance, if FIR is registered against you, you may seek bail before arrest and subsequently joining investigation you may record your version. You will succeed ultimately.

This advice is based on the information you have disclosed.

Engagement of goods local lawyer will ensure your success.

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Answered on 12/12/08, 5:21 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: buying stolen goods

Hello.

It is a crime to purchase or accept property that you know or believe was obtained through theft . The crime is separate from robbery, extortion, or theft. Receiving stolen property is a crime in order to deter people from aiding or rewarding thieves by buying stolen property, and to deter theft in general. Receiving stolen property may be a misdemeanor or felony.

In connection to the same the scrap dealer may apply for bail and prove that he was not aware about the stolen goods which he has purchased.

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Answered on 12/12/08, 7:26 am


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