BBanaka

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

Indian Penal Code, 1860 · Chapter 17: Offences Against Property

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

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.

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.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 3 years and fine-Non-Cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.

If by clerk or person employed by deceased:

Punishment-Imprisonment for 7 years and fine-Non-Cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.

Study: explanations and related material

Now BNS 315 (same provision). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p18

Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh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. Historical code retained for reference; read the repeal/savings provisions in the successor code.

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

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