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?
6 Answers from Attorneys
Re: buying stolen goods
He should produce evidence that he had no knowledge at ANY STAGE of the transaction that the goods were stolen.
Re: buying stolen goods
Depends on the evidence against the scrap dealer.
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.
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.
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.
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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