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IPC Section 404 in BNS: Section 315

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

Section 404 of the Indian Penal Code, 1860 (Dishonest misappropriation of property possessed by deceased person at the time of his death) corresponds to Section 315 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 315 is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years and fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
315Dishonest misappropriation of property possessed by deceased person at the time of his death.Imprisonment for 3 years and fine.Non-cognizableBailableMagistrate of the first class
315If by clerk or person employed by deceased.Imprisonment for 7 years.Non-cognizableBailableMagistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 315

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. Ahas committed the offence defined in this section.

Of criminal breach of trust

Full BNS Section 315 and every IPC section it replaced →

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