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Report No. 42

171. Amendment of section 408.-

In section 408 of the Code, for the words "being a clerk or servant or employed as a clerk or servant", the words "being employed in any capacity" shall be substituted.

172. Amendment of section 408.-

In section 409 of the Code.-

(a) the word 'factor' shall be omitted;

(b) for the words "imprisonment for life or with imprisonment of either description for a term which may extend to ten years", the words "rigorous imprisonment for a term which may extend to ten years", the words "rigorous imprisonment for a term which may extend to fourteen years" shall be substituted.

173. Substitution of new section for section 410.-

For section 410 of the Code, the following section shall be substituted, namely.-

"410. Stolen property.-Property, the possession whereof has been transferred by theft, extortion, robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as "stolen property" whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

Explanation.- Property, the possession whereof has been transferred by an act which would otherwise be theft, robbery or criminal misappropriation but is not that offence by virtue of section 82 or section 84 shall be deemed to be stolen property.

Illustration

A, a child, six years of age, snatches away a necklace from another child, voluntarily causing hurt to that child Z, knowing this fact, dishonestly receives the necklace from Z. Though A's act is not robbery by virtue of section 82, the necklace is stolen property, and Z has committed the offence defined in section 411."

174. Amendment of section 411.-

To section 411 of the Code, the following shall be added, namely.-

"and if the stolen property is the property of the Government or of a local authority, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine."

175. Amendment of section 412.-

In section 412 of the Code.-

(a) the words "with imprisonment for life or" shall be omitted;

(b) for the words "ten years" the words "fourteen years" shall be substituted.



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