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Law on Section 411 IPC

 Understanding Section 411 IPC

By Vivek Nasa Associates


In the case of Trimbak vs. State of M.P. AIR 1954 SC 39, the Court clarified that to prove a charge under Section 411 of the IPC, the prosecution must establish:

  1. The accused was in possession of stolen property.

  2. Someone else had possession of the property before the accused.

  3. The accused knew or had reason to believe the property was stolen.

In this case, the prosecution failed to prove the accused knew the gold was stolen. The identity of the gold was also not confirmed, so it could not be classified as stolen property. Even if the accused received demand drafts and purchased gold bars, the prosecution needed to show the accused knew the drafts were obtained fraudulently or was part of a conspiracy.

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