Case Law Analysis
|Kerala High Court
Section 305 BNS | Knowledge of Stolen Property Not Presumed for Scrap Dealers: Kerala HC Grants Pre-Arrest Bail
Kerala High Court rules that mere receipt of stolen property by a scrap dealer does not automatically attract Section 305 BNS liability unless knowledge of theft is proven. The court granted conditional pre-arrest bail, emphasizing that the offence under Section 317 (bailable) may apply instead if no recovery is made, safeguarding investigation rights while preventing arbitrary detention.