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

What this section does

This section targets the dishonest misappropriation of property that was in a deceased person's possession at the time of death and has not since come into the hands of any person legally entitled to it. An enhanced punishment applies where the offender was employed as a clerk or servant of the deceased.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Imprisonment of either description up to 3 years, and fine. If the offender was employed as a clerk or servant of the deceased at the time of death, imprisonment may extend to 7 years.

Triable by

Magistrate of First Class

Cognizable

Yes

Bailable

Yes

Compoundable

Depends

Ingredients (what prosecution must prove)

1. The property was in the possession of a deceased person at the time of their death
2. The property has not since come into the possession of any person legally entitled to it
3. The accused dishonestly misappropriates or converts such property to their own use
4. The accused knew that the property was in the deceased's possession at the time of death

Derived from IPC s.404.