Indian Penal Code 1860
Section 404 :
Dishonest misappropriation of property possessed by deceased person at the time of his death:
(See section 315 of BNS 2023)
Classification of Offence:
Offence: Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Offence: If by clerk or person employed by deceased.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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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 persons 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 persons 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.
