BNS Section 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death

CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of criminal misappropriation of property

Criminal

Summary

Whoever dishonestly takes for their own use any property, knowing that it was in the possession of a person who has died and has not since come into the possession of someone legally entitled to it, commits this offence. The punishment is imprisonment of either kind for up to three years, along with a fine. If the offender was employed by the deceased person as a clerk or servant at the time of that person’s death, the imprisonment may be extended to seven years.

The illustration explains that when Z dies owning furniture and money, and Z’s servant A dishonestly takes the money before it comes into the possession of anyone legally entitled to it, A has committed the offence described in this section.

Official Text

Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

Illustration. Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)

Old <-> New Code Mapping

  • IPC §404 — Dishonest misappropriation of property possessed by deceased person at the time of his death