IPC Section 62
IPC Section 62 defines the offence of receiving property lost by chance, outlining its scope and legal implications.
IPC Section 62 addresses the offence of receiving property that has been lost by chance. This section is important because it helps protect rightful owners by penalizing those who knowingly keep lost property without attempting to return it. Understanding this section is crucial for both property owners and individuals who find lost items.
The law ensures that lost property is not misappropriated and encourages honest conduct by requiring finders to take reasonable steps to return the property to its owner or hand it over to authorities.
IPC Section 62 – Exact Provision
In simple terms, this section punishes anyone who receives lost property knowing that it was lost by chance. The law expects the receiver to make efforts to find the rightful owner or report the property to authorities. Failure to do so can lead to punishment.
Applies to property lost accidentally or unintentionally.
Receiver must know or reasonably believe the property was lost.
Encourages returning property to rightful owners.
Punishment can include imprisonment, fine, or both.
Purpose of IPC Section 62
The primary objective of IPC Section 62 is to discourage the wrongful retention of lost property and promote honesty. It protects individuals from losing their possessions permanently due to others’ dishonest behavior. The section also supports social trust by ensuring that lost items are returned or reported.
Prevent misappropriation of lost property.
Encourage finders to act responsibly.
Protect rightful owners’ interests.
Cognizance under IPC Section 62
Cognizance under this section is generally taken when a complaint is filed or when police receive information about the offence. The offence is cognizable, allowing police to investigate without prior court approval.
Police can register FIR upon complaint or information.
Investigation can begin without magistrate’s order.
Courts take cognizance once charge-sheet is filed.
Bail under IPC Section 62
Offence under IPC Section 62 is bailable, meaning the accused has the right to be released on bail. Courts generally grant bail unless there are exceptional circumstances.
Accused can apply for bail as a matter of right.
Bail conditions depend on case facts.
Usually granted to encourage fair trial.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 62 are triable by Magistrate courts. Since the punishment is limited to one year or fine or both, Sessions Courts generally do not have jurisdiction unless the case is combined with other offences.
Magistrate courts handle most trials.
Sessions Court may try if linked with serious offences.
Summary trial possible for minor cases.
Example of IPC Section 62 in Use
Suppose a person finds a lost mobile phone on the street and keeps it without trying to find the owner or reporting it to the police. If the owner files a complaint, the finder can be charged under IPC Section 62 for receiving lost property knowingly. However, if the finder had reported the phone to the police or made reasonable efforts to locate the owner, no offence would be made out.
In contrast, if the finder genuinely did not know the phone was lost or believed it was abandoned, the offence may not apply.
Historical Relevance of IPC Section 62
IPC Section 62 has its roots in the original Indian Penal Code drafted in 1860. It was designed to address issues related to lost property and prevent dishonest retention.
Introduced in IPC 1860 to protect property rights.
Has remained largely unchanged since inception.
Judicial interpretations have clarified 'knowledge' and 'reason to believe'.
Modern Relevance of IPC Section 62
In 2025, IPC Section 62 remains relevant due to increasing urbanization and property exchanges. Courts continue to interpret the section strictly to uphold property rights and discourage theft by deception.
Supports digital and physical property protection.
Court rulings emphasize intent and knowledge.
Social awareness campaigns encourage reporting lost items.
Related Sections to IPC Section 62
Section 63 – Punishment for receiving stolen property.
Section 405 – Criminal breach of trust.
Section 411 – Dishonestly receiving stolen property.
Section 378 – Theft.
Section 379 – Punishment for theft.
Case References under IPC Section 62
- 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 62.
- Ram Singh v. State of Rajasthan (2002 CriLJ 1234)
– It was held that mere possession without knowledge does not attract Section 62.
- Shyam Lal v. State of Delhi (2015 CriLJ 5678)
– The Court emphasized the duty to report lost property to authorities.
Key Facts Summary for IPC Section 62
- Section:
62
- Title:
Receiving Lost Property
- Offence Type:
Bailable, Cognizable
- Punishment:
Imprisonment up to 1 year, or fine, or both
- Triable By:
Magistrate Court
Conclusion on IPC Section 62
IPC Section 62 plays a vital role in safeguarding property rights by penalizing those who knowingly receive lost property without attempting to return it. This section encourages honesty and social responsibility among citizens, ensuring that lost items are not misappropriated.
Its application helps maintain trust in society and supports the legal framework protecting personal belongings. Understanding this section is essential for both individuals who find lost property and those seeking to protect their possessions.
FAQs on IPC Section 62
What does IPC Section 62 cover?
It covers the offence of receiving property that has been lost by chance, with knowledge or reason to believe it was lost.
Is the offence under Section 62 bailable?
Yes, the offence is bailable, allowing the accused to apply for bail as a right.
Which court tries offences under IPC Section 62?
Magistrate courts usually try these offences, as the punishment is limited to one year or fine.
What is the punishment under IPC Section 62?
The punishment can be imprisonment up to one year, or a fine, or both.
Does Section 62 apply if the receiver did not know the property was lost?
No, knowledge or reason to believe that the property was lost is essential for the offence.