Indian Penal Code, 1860

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

Section

404

Punishment

Imprisonment up to Three Year(s) + Fine

Cognizable

Cognizable

Bailable

Non-bailable

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

Magistrate First Class

Bare Act Text

404. Dishonest misappropriation of property possessed by deceased person at the time of his death.— 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.IllustrationZ 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. Part 5 – Of Criminal Breach of Trust
According to the official bare act, this legal offense is defined as: 404. Dishonest misappropriation of property possessed by deceased person at the time of his death.— 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.IllustrationZ 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. Part 5 – Of Criminal Breach of Trust
The punishment for this specific offense is outlined under the law as: Imprisonment up to Three Year(s) + Fine
Under the Indian Penal Code, this specific offense is classified as a Non-bailable offense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific IPC section are triable by the Magistrate First Class.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).
Section (dhara) 404
Disclaimer:

This article is for general legal information only and is not a substitute for professional legal advice. Please consult a qualified advocate for your specific case.

Leave a Comment

Scroll to Top