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

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.

Related Judgments

• Appellant/Accused vs The Inspector of Police, — Madras High Court (2015)
• : Petitioner/Accused vs 1.The State rep. by the — Madras High Court ()
• S.C.R. 884 884 VIJAY KUMAR GHAI & ORS v. THE STATE OF WEST BENGAL & ORS — Supreme Court of India (2022)
• R. VENKATAKRISHNAN v. CENTRAL BUREAU OF 781 INVESTIGATION — Supreme Court of India (2009)
• S.C.R. SUPREME COURT REPORTS THE STATE OF UTTAR PRADESH AND OTHERS v. BABU RAM UPADHYA — Supreme Court of India (1961)
• R. SUPREME COURT REPORTS R. K. DALM.IA v. DELHI ADMINISTRATION — Supreme Court of India (1963)
• ... Petitioner vs 1. The Inspector of Police, — Madras High Court (2019)
• KRISHAN KUMAR v. THE UNION OF INDIA — Supreme Court of India (1960)

Old <-> New Code Mapping

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