Property offences under the Bharatiya Nyaya Sanhita run from simple theft at Section 303 through extortion, robbery and dacoity. Where the case sits on that scale decides almost everything about it — whether bail is straightforward or seriously contested, and which court tries it. As theft and robbery lawyer in Gurugram, we place every matter on that scale before deciding how to fight it.
Sections that come up
- 303 — theft
- 305 — theft from a dwelling or means of transport
- 308 — extortion
- 309 — robbery, where force or fear is used in committing theft
- 310 — dacoity, five or more persons acting together
- 317 — receiving or retaining stolen property
Where the defence usually lies
Three things carry most of these trials: the identification of the accused, the recovery allegedly made from him, and whether force was actually used or has been added to the FIR to lift the offence into a heavier bracket. We test all three from the case diary and the seizure memos rather than from the FIR narrative.
Receiving stolen property
Section 317 catches people who bought something without knowing where it came from. Knowledge or reason to believe has to be shown, and we frequently find it is not.
For a free first consultation, call +91 82954 13475 at any hour, or send the details of your matter.