Section Overview
Section Number:
IPC Section 127
Section Title:
Receiving Property Taken by War or Depredation Mentioned in Sections 125 and 126
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under the Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 127 applies when a person:
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Receives property obtained through offences under IPC Section 125 or IPC Section 126.
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Knows that the property was unlawfully acquired through war or depredation.
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Retains or accepts such property despite knowledge of its illegal origin.
The provision targets those who benefit from offences affecting friendly foreign States.
Original Law Text
"Whoever receives any property knowing the same to have been taken in the commission of any of the offences punishable under section 125 or section 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."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 127 ka simple matlab hai:
Agar koi vyakti aisi property receive karta hai jo:
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War ke dauran looti gayi ho,
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Depredation ke through hasil ki gayi ho,
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Ya Sections 125 aur 126 ke offences se judi ho,
aur use pata ho ki property illegal tareeke se li gayi hai, to us par Section 127 lag sakta hai.
Simple words mein:
"War ya foreign territory mein loot se prapt property knowingly lena crime hai."
Legal Definition
The section punishes a person who:
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Receives property,
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Has knowledge of its illegal source,
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Knows that it was obtained through offences under Sections 125 or 126.
Knowledge is a crucial element.
Practical Interpretation
The purpose of Section 127 is to prevent people from:
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Profiting from international crimes.
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Supporting unlawful warfare.
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Encouraging depredation.
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Benefiting from foreign raids and looting.
Without such provisions, offenders could easily dispose of illegally acquired property through third parties.
Essential Ingredients of IPC Section 127
Property Must Exist
There must be identifiable property involved.
Property Must Originate from Sections 125 or 126 Offences
The property must have been obtained through:
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Waging war against a friendly Asiatic power.
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Depredation against territories of powers at peace with India.
Receiving the Property
The accused must receive or possess the property.
Knowledge
The accused must know the property's illegal source.
This is the most important ingredient.
Meaning of "Receiving Property"
Receiving may include:
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Taking possession.
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Purchasing.
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Accepting delivery.
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Holding property for another person.
Actual ownership is not necessary.
Importance of Knowledge
The prosecution must generally establish that:
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The accused knew the origin of the property, or
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Circumstances clearly indicated its unlawful source.
Mere possession without knowledge may not be sufficient.
Why IPC Section 127 Was Introduced?
The legislature recognized that:
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War and depredation create illegally obtained property.
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Criminals often attempt to sell or transfer such property.
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Receivers play an important role in encouraging such offences.
The section therefore attacks the economic benefits arising from international crimes.
Relationship with Sections 125 and 126
IPC Section 125
Deals with war against an allied Asiatic power.
IPC Section 126
Deals with depredation against territories at peace with India.
IPC Section 127
Punishes persons who receive property obtained through those offences.
Thus, Section 127 serves as a supplementary provision.
Public Policy Objective
The section ensures that:
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Looted property has no safe market.
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Illegal gains are discouraged.
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International crimes remain unprofitable.
Difference from Ordinary Receiving Stolen Property
Ordinary stolen property offences generally concern domestic crimes.
Section 127 specifically concerns property connected to:
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War,
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Depredation,
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International hostile activities.
Therefore, its scope is more specialized.
Punishment & Legal Classification
Punishment
IPC Section 127 provides:
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Imprisonment up to 7 years,
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Fine,
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Or both.
Bailable / Non-Bailable
Generally Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Police may arrest without warrant.
Compoundable
Non-Compoundable.
Triable By
Court of Session.
IPC ↔ BNS Mapping
IPC Section
IPC Section 127
BNS Equivalent
The Bharatiya Nyaya Sanhita continues to address offences involving unlawful gains derived from acts threatening national security and international peace.
Status
IPC repealed and replaced by BNS.
The underlying principle remains preserved.
Real-Life Examples
Example 1: Purchasing Looted Property
A trader knowingly buys valuables looted during an unlawful raid on a friendly foreign territory.
Section 127 may apply.
Example 2: Storing Property for Offenders
A person agrees to keep property obtained through depredation despite knowing its origin.
The offence may be established.
Example 3: Receiving War Booty
An individual accepts property taken during unlawful warfare against a friendly State and knows how it was acquired.
Section 127 may be invoked.
Landmark Judgments
Case Name:
Kehar Singh v. State (Delhi Administration)
Court:
Supreme Court of India
Key Takeaway:
The Court emphasized that participation and assistance in serious offences can attract criminal liability when supported by knowledge and intent.
Case Name:
State (NCT of Delhi) v. Navjot Sandhu
Court:
Supreme Court of India
Key Takeaway:
The Court highlighted the importance of proving knowledge and involvement in offences affecting national interests.
Case Name:
Mohd. Ajmal Amir Kasab v. State of Maharashtra
Court:
Supreme Court of India
Key Takeaway:
The judgment underscored the seriousness of offences linked to national security and organized hostile conduct.
Legal Insights
When Is This Section Applied?
Section 127 becomes relevant when:
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Property originates from war-related offences.
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Looted foreign property is received.
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Individuals knowingly profit from depredation.
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Authorities trace unlawful property to receivers.
Common Misuse Scenarios
Absence of Knowledge
The accused may genuinely be unaware of the property's source.
Innocent Purchase
Property may have been purchased in good faith.
Lack of Connection to Sections 125 or 126
The property may not actually originate from those offences.
False Allegations
Receivers may be wrongly implicated without evidence.
Defenses Available
No Knowledge
The accused did not know the property's illegal source.
Good Faith Purchase
The property was acquired honestly and without suspicion.
No Link to Sections 125 or 126
The prosecution cannot prove the source of the property.
Lack of Possession
The accused never actually received the property.
False Implication
The allegations are fabricated or unsupported.