IPC Section 404: Dishonest Misappropriation of Property Possessed by a Deceased Person
Section 404 of the Indian Penal Code, 1860 deals with dishonest misappropriation or conversion of property that was in the possession of a deceased person at the time of death and has not since come into the possession of a person legally entitled to possess it.
Section 404 IPC - Dishonest Misappropriation of Property Possessed by Deceased Person
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 death 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. If the offender, at the time of the person's death, was employed by that person as a clerk or servant, the imprisonment may extend to seven years.
Essential Ingredients of Section 404 IPC
- There must be property that was in the possession of a deceased person at the time of death.
- After the death, the property must not yet have come into the possession of a person legally entitled to possess it.
- The accused must know the relevant character and possession history of the property described by the section.
- The accused must dishonestly misappropriate the property or convert it to personal use.
- A higher maximum term applies where the offender was employed by the deceased as a clerk or servant at the time of death.
Punishment Under Section 404 IPC
| Situation | Punishment |
|---|---|
| General offence under Section 404 | Imprisonment of either description up to 3 years and fine |
| Offender was employed by deceased as clerk or servant at time of death | Imprisonment may extend to 7 years |
Statutory Illustration
Purpose and Scope of Section 404 IPC
Section 404 protects property during the interval between the death of the person who possessed it and the time when the property comes into the possession of a person or officer legally entitled or authorised to take charge of it. The special factual setting distinguishes Section 404 from the general offence of dishonest misappropriation under Section 403 IPC.
Meaning of "Dishonestly"
Section 24 IPC provides that whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thing dishonestly. The dishonest element is therefore central to liability under Section 404.
What Does "Property" Mean in Section 404 IPC?
The source article records a judicial difference of opinion on whether the word "property" in Section 404 is confined to movable property or can include both movable and immovable property. It notes that the Bombay and Madhya Pradesh High Courts treated the expression as referring only to movable property, while the Allahabad High Court took a contrary view. Because the source itself identifies conflicting High Court approaches, this issue should not be stated as a single settled proposition without considering the binding law applicable to the particular case.
Section 403 and Section 404 IPC - Difference
Section 403 IPC is the general provision concerning dishonest misappropriation or conversion to one's own use of movable property. Section 404 addresses the more specific situation where the property was possessed by a deceased person at death and has not since come into the possession of a person legally entitled to it.
Pre-BNSS Criminal Procedure Position
Under the First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 404 IPC was non-cognizable and bailable and was triable by a Magistrate of the first class.
This article provides a general summary of the pre-BNS statutory framework. The precise provision applicable depends on the date and facts of the alleged conduct, evidence and procedural law governing the case.