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

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

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

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

BNS 315

Questions on this section

1 question in 3 of our papers cite Section 404. Try these from the free papers:

1. Z dies with money and furniture in his house. Before the money comes into the possession of any person entitled to it, A, who was employed by Z as a servant at the time of his death, dishonestly misappropriates the money. Under Section 315 of the Bharatiya Nyaya Sanhita, 2023, A is punishable with imprisonment which may extend to

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