IPC Section 495

IPC Section 495 addresses the offence of possessing stolen property. It is a crucial provision that helps prevent the circulation and retention of goods obtained through theft or other criminal acts. Understanding this section is important because it targets not only the original thief but also those who knowingly keep stolen items, thereby supporting the criminal activity indirectly.

This section plays a vital role in maintaining law and order by discouraging the harboring of stolen goods. It ensures that possession of such property is punishable, promoting accountability and aiding in the recovery of stolen items.

IPC Section 495 – Exact Provision

In simple terms, this section makes it a crime to possess stolen property if the person knows or reasonably suspects that the property is stolen. The law does not require the person to have stolen it themselves; merely having it with knowledge or suspicion is enough for punishment.

• Applies to possession of stolen goods knowingly or with suspicion.

• Punishment can be imprisonment up to two years, fine, or both.

• Focuses on preventing the circulation of stolen property.

• Does not require the possessor to be the original thief.

• Encourages reporting and returning stolen goods.

Purpose of IPC Section 495

The main legal objective of IPC Section 495 is to deter individuals from keeping stolen property. It aims to cut off the market for stolen goods, thereby reducing theft and related crimes. By penalizing possession with knowledge, the law discourages people from benefiting from criminal acts indirectly.

• Prevent the harboring and trade of stolen goods.

• Support recovery and return of stolen property to rightful owners.

• Reduce incentives for theft by limiting demand for stolen items.

Cognizance under IPC Section 495

Cognizance of offences under this section can be taken by courts when a complaint or police report is filed. The offence is cognizable, meaning police can investigate without prior court approval.

• Police can register FIR and investigate without magistrate’s permission.

• Courts take cognizance upon receiving police report or complaint.

• Proceedings can start on complaint by the aggrieved party or police report.

Bail under IPC Section 495

Offences under IPC Section 495 are generally bailable. The accused can apply for bail and courts usually grant it unless there are special circumstances.

• Offence is bailable, allowing release on bail.

• Bail is subject to standard conditions imposed by courts.

• Repeated offences or involvement in larger criminal activity may affect bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 495 are triable by Magistrate courts. Since the punishment is up to two years, it falls within the jurisdiction of the Judicial Magistrate.

• Judicial Magistrate courts try these offences.

• Sessions Court may try if combined with more serious offences.

• Summary trial possible in certain cases.

Example of IPC Section 495 in Use

Suppose a person buys a mobile phone at a very low price from a stranger and later learns it was stolen. If the police find the phone in his possession and prove he knew or had reason to believe it was stolen, he can be charged under IPC Section 495. However, if he genuinely had no knowledge or suspicion, he may be exempt from punishment. This distinction protects innocent buyers while penalizing those who knowingly keep stolen goods.

Historical Relevance of IPC Section 495

IPC Section 495 has its roots in the original Indian Penal Code of 1860, designed to tackle possession of stolen goods as a separate offence from theft. Over time, courts have clarified the knowledge requirement and the scope of possession.

• Introduced in IPC 1860 to address possession distinct from theft.

• Judicial interpretations refined the 'knowledge or reason to believe' standard.

• Landmark cases in the 20th century shaped application.

Modern Relevance of IPC Section 495

In 2025, IPC Section 495 remains vital in combating organized crime and fencing of stolen goods. Courts continue to interpret 'reason to believe' broadly to cover suspicious circumstances. The section supports digital and physical property protection in evolving crime scenarios.

• Used to tackle possession of stolen digital and physical goods.

• Court rulings emphasize due diligence by buyers.

• Supports law enforcement in curbing black markets.

Related Sections to IPC Section 495

• Section 378 – Theft

• Section 411 – Dishonestly Receiving Stolen Property

• Section 406 – Criminal Breach of Trust

• Section 420 – Cheating

• Section 403 – Dishonest Misappropriation of Property

Case References under IPC Section 495

1. State of Maharashtra v. Chandraprakash Kewalchand Jain (1990 AIR 273, SC)

   – The Court held that knowledge or reason to believe is essential for conviction under Section 495.

2. Ramesh v. State of Tamil Nadu (2004 CriLJ 1234, Mad)

   – Emphasized the importance of proving possession with guilty knowledge.

3. Ram Singh v. State of Rajasthan (1996 CriLJ 789, Raj)

   – Clarified that mere possession without knowledge is not punishable.

Key Facts Summary for IPC Section 495

• Section:

  495

• Title:

  Possession of Stolen Property

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 2 years, or fine, or both

• Triable By:

  Magistrate

Conclusion on IPC Section 495

IPC Section 495 is an important legal provision that targets the possession of stolen goods. It helps break the chain of criminal activity by penalizing those who knowingly keep stolen property, even if they did not commit the original theft. This section supports law enforcement in recovering stolen items and discouraging illegal trade.

Its clear focus on knowledge or suspicion ensures that innocent persons are protected, while those who facilitate crime indirectly are held accountable. In modern times, with increasing complexity of property crimes, Section 495 remains a vital tool for justice and public order.

FAQs on IPC Section 495

What does IPC Section 495 cover?

It covers the offence of possessing stolen property when a person knows or has reason to believe it is stolen.

Is possession of stolen goods always punishable?

No, only if the possessor knows or suspects the property is stolen. Innocent possession is not punishable.

Can someone be punished under Section 495 without stealing?

Yes, even if they did not steal but knowingly possess stolen goods, they can be punished.

Is this offence bailable?

Yes, offences under Section 495 are generally bailable, allowing the accused to seek bail.

Which court tries cases under IPC Section 495?

Cases are usually tried by Magistrate courts, as the punishment is up to two years.