Report No. 156

Clause 175

12.73. Under this clause the existing section is sought to be substituted by way of giving an extended meaning to the expression "stolen property". The existing sections 4-10 describes the stolen property as property a portion whereof has been transferred by theft or by extortion etc. A question arose whether a property a portion whereof has been transferred by committing an offence of cheating would also amount to stolen property. The Law Commission in its 42nd Report examined this aspect and recommended that property obtained by cheating should also be included.

The Law Commission also considered the question whether the property which is subject matter of a theft committed by an offender who gets the benefit of general exceptions under sections 82, 33 or 84 can be described as stolen property when a portion thereof has been transferred. Having considered this tissue, the Law Commission recommended that it is but logical and transfer of a portion of such property will also come within the meaning of stolen property though the actual offender may not be punishable by virtue of the applicable exceptions.

To amplify the point, an illustration also was recommended to be added. The proposed new section 410 with illustration is based on the Law Commission's recommendations, which is appropriate having regard to the meaning which can logically be given to the expression stolen property.