Dishonest misappropriation of property
What this section does
This section penalises dishonest misappropriation or conversion of movable property to one's own use. It covers situations where property initially came into possession innocently but was subsequently appropriated dishonestly, as well as cases of finders who fail to take reasonable steps to locate the owner.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for not less than 6 months and up to 2 years, and fine (mandatory minimum of 6 months applies).
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- The property is movable property
- The accused misappropriates or converts it to his own use
- Such misappropriation or conversion is dishonest
- The property need not have been taken by theft — initial innocent possession followed by dishonest appropriation suffices
Practitioner note
A temporary misappropriation is sufficient (Explanation 1). A finder of lost property who fails to use reasonable means to discover the owner and appropriates the property commits this offence (Explanation 2). Mandatory minimum sentence of 6 months.
- IPC Section 403 — Dishonest misappropriation of property
Read the official text
For the binding statutory text of BNS Section 314, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 314 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.