IPC Section 404 — Dishonest misappropriation of property possessed by deceased person at the time of his death
criminal misappropriation property
Criminal
Punishment
Imprisonment up to 3 years and fine
As the section puts it: “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 persons decease was employed by him as a clerk or servant, the imprisonment may extend to seven years”
Summary
If a person takes or uses property for themselves in a dishonest way, and they know that the property was with a person who has just died, and that no one else who has a legal right to it has taken possession of it since the death, they can be punished with imprisonment for up to three years and also a fine. If the person who took the property was working for the deceased as a clerk or servant at the time of death, the imprisonment can be up to seven years.
Official Text
Whoever dishonestly misappropriates or converts to his own use 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.
Old <-> New Code Mapping
- BNS §315 — Dishonest misappropriation of property possessed by deceased person at the time of his death