Possession of Stolen Property: Is It Always a Crime in India?

The Magistrate thought that the first accused, the appellant, had exclusive possession of the stolen article, and he also thought this accused guilty, as he took no steps at the time of the discovery of the article to protest that it had been introduced. ... Held, that the conviction was bad, as the accused was not in the exclusive possession of the stolen article, and as inadmissible evidence (which amounted to a confession to a police officer) was admitted. ....

Where certain property alleged to have been stolen was found in possession of the accused eighteen months after the alleged theft- Held, that such possession was not possession " soon after " the theft, so as to support the presumption of theft or dishonest retention of stolen property ... And the first illustration is this: -" The court may presume that " a man who is in possession of stolen goods soon after the theft " is either the thief or has received the g....

In a prosecution under section 158 of the Customs Ordinance for possessing an article suspected to have been stolen from any ship, boat, quay, &c, a duty is cast upon the Court to satisfy itself that there were reasonable grounds for suspecting that the article was stolen from ... The accused was found in possession of a brass valve valued at Rs. 25. ... The accused was charged under Section 158 of the Customs Ordinance which makes the possession of certain articles suspected t....

2023 0 Supreme(Ker) 518

Penalty for possession of property believed to have been stolen. ... - Whoever is found in possession or is proved to have been in possession of anything which there is reason to believe to be stolen property or property fraudulently obtained and for the possession of which he fails satisfactorily to account shall on conviction, be liable to fine ... As the principle in civil law, possession is nine-tenths ownership, when the petitioner was found in possessi....

If the change of possession has been recent, he will not be likely to have forgotten, still less if it be an article of bulk or value. ... We have merely to ask ourselves whether it is reasonable in the circumstances, of the case, assuming that we are satisfied with the identity of the stolen article, to presume that they were knowingly retained by the person in whose possession they were found. ... of stolen property soon after the theft is either the thief or has received the ....

It cannot be utilised by a " complainant " in order to obtain an order of possession from a Magistrate of any article seized from the possession of another as being stolen property if the other person denies the theft and claims the property as his own. ... I would hold hat section 419 cannot be utilised by a "complainant" in order to obtain an order of possession from a Magistrate of any article seized from the possession of another as being stol....

" When a man, in whose possession stolen property is found, gives a reasonable account of how he came by it, as by telling the name of the person from whom he received it, and who is known to be a real person, it is incumbent on the prosecution to show that account is false." ... With regard to the law it has been pointed out in many recent' judgments that: " When a man, in whose possession stolen property is found, gives a reasonable account of how he came by it, as by telling the name of the person from whom h....

on the provision of the Penal Code as to the receipt or retention of stolen property, but the principle appears to be applicable generally. ... Held, that as there was nothing to show that either of the accused put 'the article there, or was responsible for its being found there, the conviction was bad. ... ] Beyond the fact of the finding of the beef in the house, there is nothing in the case to show that either of the accused put the article there, or was responsible for its being found there. ... " Possession....

But under the Evidence Ordinance (see section 114, illustration (a) ) if the accused is in possession of the stolen property " soon after " the theft the Court may presume that he is either the thief or received the goods knowing them to be stolen unless he can account for his possession. ... It is significant that the word used in the illustration is'' may '' and not " must. " The word " may " was used advisedly, because the drawing of the inference must depend on all the circumstances of the case, particularly....

The Chief Justice continues: "It has been customary to say ' Here is a man found in possession of recently stolen property. It is for him to say how it came into his possession. The onus is shifted on him. ... -In considering whether an accused has accounted for his possession of stolen property, the strength of the presumption to be dispelled must first be ascertained. How " soon after " the theft was it found in the accused's possession ? ... In considering whether an accused h....

2025 0 Supreme(SC) 345

(v) The manner in which the appellant is stated to have been arrested by PW-5 at 3.00 a.m. in the night does not inspire confidence. Moreover, if the appellant was carrying a loaded pistol, why he would not use it to effect his escape, particularly, when PW-5 was alone and attending nature’s call. (iv) The country-made pistol alleged to have been recovered is not linked to the gun shots that were allegedly fired with the aid of any forensic evidence. (ii) PW-9 is a police personnel whose presence in the Bus at the time of dacoity is doubtful because, firstly, his papers relating to his movem....

2018 0 Supreme(Pat) 1791

(f) No stolen article was recovered from the possession of the three appellants, viz. (e) There is no evidence of the seized items being kept in the Malkhana or in safe custody; and

2017 0 Supreme(Bom) 1153

A person, who is found in possession of a stolen article, after the theft, is presumed to be either the thief or receiver of the stolen property. Once it is found that stolen articles were recovered at the instance of revision petitioner/accused, then presumption as envisaged in Article 114, illustration (a) of the Evidence Act comes into play.

2016 0 Supreme(Ker) 872

The unexplained possession of the stolen article by the revision petitioner justifies the presumption that it was stolen or received stolen article. In the circumstances, the trial court convicted the accused which was modified by the appellate court. This is a fit case to draw the presumption under Section 114(a) since the accused had no explanation with regard to the stolen article. Where the stolen articles were recovered within seventeen days of the theft from the possession of the accused, it is proper for a court to draw the presumption that the accused was guilty of ....

2016 0 Supreme(Del) 401

It is proved that he was in possession of a particular stolen article. (b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. Illustrations (a) A is accused of receiving stolen goods knowing them to be stolen. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession, to be stolen.