Now a day's market of used items is growing and you may get 2nd hand laptop, mobile phones and many other products at very cheaper rate, sometimes lesser than expected price. But before purchasing used items it is our duty to confirm that the seller is the genuine owner of the product. In 2nd hand laptop market most of the shop keepers will not give you either bill or warranty. After purchase of the product, you will not have any document to prove that the item was purchased from particular shop or person. If it is a stolen property, instead of enjoying the product you will be in mental pressure and will have to spend your time to solve legal hustle.
Provisions of Indian Penal Code Related to Stolen Property
Section 410 of Indian Penal Code is as under:
"Property, the possession whereof has been transferred by theft,
or by extortion, or by robbery, and property which has been
criminally misappropriated or in respect of which criminal
breach of trust has been committed, is designed as "stolen
property", [whether the transfer has been made, or the
misappropriation or breach of trust has been committed, within
or without [India]]. But, if such property subsequently comes
into the possession of a person legally entitled to the
possession thereof, it then ceases to be stolen property.
Dishonestly receiving stolen property- Section 411 of Indian
Penal Code
Whoever dishonestly receives or retains any stolen property,
knowing or having reason to believe the same to be stolen
property, shall be punished with imprisonment of either
description for a term which may extend to three years, or with
fine, or with both.
Dishonestly receiving property stolen in the commission of a
dacoity - Section 412 of Indian Penal Code
Whoever dishonestly receives or retains any stolen property, the
possession whereof he knows or has reason to believe to have
been transferred by the commission of dacoity, or dishonestly
receives from a person, whom he knows or has reason to believe
to belong or to have belonged to a gang of dacoits, property
which he knows or has reason to believe to have been stolen,
shall be punished with [imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall
also be liable to fine.
Habitually dealing in stolen property - Section 413 of Indian
Penal Code
Whoever habitually receives or deals in property which he knows
or has reason to believe to be stolen property, shall be
punished with [imprisonment for life], or with imprisonment of
either description for a term which may extend to ten years, and
shall also be liable to fine.
Assisting in concealment of stolen property - Section 414 of
Indian Penal Code
Whoever voluntarily assists in concealing or disposing of or
making away with property which he knows or has reason to
believe to be stolen property, shall be punished with
imprisonment of either description for a term which may extend
to three years, or with fine, or with both.
Before purchasing any used items please ensure the following:
If the product is purchasing from a shop, collect proper bill
with Name, Address and tax details of the shop. The blank bill
form without address and information of shop will not work.
If the purchase is from an Individual, please collect a
declaration signed by the seller mentioning that he is the
genuine owner and selling the product of this much of price.
If possible collect the original purchase bill also
Ensure that the seller is genuine
If the product is selling for a very low price, there will be
something wrong
Take warranty details in writing
Never purchase a used product without bill or declaration
Never purchase used products from strangers
Check whether the product working properly
Never go for used items, if you can afford to purchase a new
item with low configuration. Because all new products are coming
with a warranty. For old products even the parts will not be
available.
Ensure that the product is not a stolen item.
Dishonour of Cheque - Offences by Companies - Section 141 of Negotiable Instruments Act 1881
Issue of Sweat Equity Shares - Section 79-A of Indian Companies Act, 1956
Software Piracy and Law regarding software piracy - The Copyright Act 1957
Filing of Annual Returns with Registrar of Companies - Indian Companies Act, 1956
Section 498A of Indian Penal Code - use and mis use by women and relatives
Banking Regulation Act - Applicability to certain co-operative Banks
Cheque Returned without payment?, Cases in which banker is Justified in Refusing Payment
Stop payment of Cheque by drawer and applicability of Section 138 of Negotiable Instruments Act 1881