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
Editor-in-Chief Pramod
Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.