What is dishonest misappropriation of property possessed by diseased person at the time of death? What is the punishment for this crime? Section 404 of Indian Penal Code 1860

Dishonest misappropriation of property possessed by deceased person at the time of his death and punishment for the crime are defined under Section 404 of Indian Penal Code 1860. Provisions under this section is:

Section 404 of Indian Penal Code. "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

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.

This section is enacted to provide protection to a special kind of property. It protects the property during an interval which elapses between the time when the possessor of the property dies and the time when it comes into the possession of some person or officer authorised to take charge of it.

There are some difference of opinion on the point whether the 'property' referred to in this section means both movable and immovable property or only movable one. The Bombay and Madhya Pradesh High Courts are of the view that property here only means movable property; but Allahabad High Court holds a contrary opinion.