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BNS 2024ACTIVE FRAMEWORK
Section 239
Receiving Gift, etc., to Help Recover Stolen Property
Replaces colonial-era: IPC 215
BailableCognizable: Non-CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 215 to BNS 239.
2
2-year maximum preserved.
3
Applies to any movable property — includes digital assets and funds stolen by cyber fraud.
THE STATUTE
The Clause
Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and tried for the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Commentary
Section 239 addresses a distinctive and historically persistent form of fraud common in India: 'property recovery agents' who accept payment from theft victims promising to help recover stolen goods, without ever intending to actually pursue the offender or make genuine efforts at recovery. The victim is doubly exploited — first by the thief, then by the fraudulent 'helper.' The provision creates a positive obligation: anyone who accepts payment for recovering stolen property must use all means in their power to cause the offender to be apprehended and tried. Merely pocketing the fee and making vague gestures of assistance is the offence. This provision is relevant to informal recovery services, corrupt intermediaries who claim to have underworld connections to recover stolen vehicles or jewellery, and cyber fraud 'recovery specialists.'
Case Simulations
"A self-styled 'vehicle recovery agent' who takes ₹50,000 from a car theft victim promising to retrieve the car but makes no genuine attempt — Section 239."
"A cyber fraud 'specialist' who takes fees from victims of online fraud claiming to recover funds but simply vanishes — Section 239."
Expert Insights
Yes — Section 239 specifically targets this practice. Anyone who takes payment for recovering stolen property must make genuine efforts to apprehend the offender; doing nothing while pocketing the fee is the offence.