BBanaka

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

Bharatiya Nyaya Sanhita, 2023 · Chapter 17: Of Offences Against Property - Of theft - Of extortion - Of robbery and dacoity - Of criminal misappropriation of property - Of criminal breach of trust - Of receiving stolen property - Of cheating - Of fraudulent deeds and dispositions of property - Of mischief - Of criminal trespass

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315. 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. Of criminal breach of trust

Study: explanations and related material

Replaces IPC 404. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

315Dishonest misappropriation of property possessed by deceased person at the time of his death.

Punishment
Imprisonment for 3 years and fine.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

315If by clerk or person employed by deceased.

Punishment
Imprisonment for 7 years.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 182–183. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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