Bharatiya Nyaya Sanhita, 2023
Section 314 BNS: Dishonest Misappropriation of Property
Section 314 of the Bharatiya Nyaya Sanhita, 2023 punishes dishonest misappropriation or conversion to one's own use of movable property. The section also explains temporary misappropriation and when a finder of lost property becomes criminally liable.
Section 314 BNS - Statutory Provision
Whoever dishonestly misappropriates or converts to his own use any movable property shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, and with fine.
The provision concerns movable property and requires dishonest misappropriation or dishonest conversion to the offender's own use. The dishonest intention may arise after the person initially comes into possession of the property.
Essential Ingredients of Section 314 BNS
The following elements are central to the offence:
- there must be movable property;
- the accused must misappropriate it or convert it to his own use; and
- the misappropriation or conversion must be dishonest.
An innocent or good-faith taking can later become criminal if, after discovering the true position, the person dishonestly appropriates the property.
Main Statutory Illustrations
Property taken under a mistaken belief of ownership
A takes property belonging to Z in good faith, believing it to be his own. A is not guilty of theft at that stage. If A later discovers the mistake and dishonestly appropriates the property, the illustration treats A as guilty under Section 314.
Book taken on an assumed implied consent
A takes Z's book believing he has implied consent to borrow it. If A later sells the book for his own benefit, the later dishonest conversion brings the conduct within Section 314.
Joint owner selling shared property
A and B jointly own a horse. A may lawfully use it, but if A sells the horse and appropriates the entire proceeds to himself, the illustration treats the conduct as dishonest misappropriation.
Explanation 1 - Temporary Misappropriation Is Enough
Explanation 1 states that dishonest misappropriation for a time only is still misappropriation within the meaning of the section.
Government promissory note pledged temporarily
A finds a Government promissory note belonging to Z and, knowing it belongs to Z, pledges it with a banker as security for a loan while intending to restore it later. The illustration treats this temporary dishonest use as an offence under Section 314.
Explanation 2 - Finder of Lost Property
A person who finds property that is not in anyone else's possession does not act dishonestly merely by taking it for protection or for restoration to the owner.
Criminal liability may arise if the finder appropriates the property to his own use when he knows, or has the means of discovering, the owner, or before using reasonable means to discover and notify the owner and keeping the property for a reasonable time to permit the owner to claim it.
What amounts to reasonable means and a reasonable time is a question of fact. The finder need not know the owner's exact identity. It is sufficient if, when appropriating the property, the finder does not believe it to be his own and does not in good faith believe that the true owner cannot be found.
Illustrations Involving Found Property
Rupee found on a highway
A finds a rupee on a highway and does not know to whom it belongs. Merely picking it up is not, by itself, the offence defined in Section 314.
Bank-note found inside a letter
A finds a letter containing a bank-note and learns from the letter who owns it. If A then appropriates the note, the illustration treats A as guilty.
Bearer cheque with a discoverable owner
A finds a bearer cheque and can use the drawer's name to help identify the person for whom it was drawn. If A appropriates the cheque without attempting to discover the owner, the illustration treats A as guilty.
Purse dropped in the finder's presence
A sees Z drop a purse, picks it up intending to restore it, but later appropriates it. The later dishonest appropriation is an offence.
Owner discovered after finding a purse
A initially does not know who owns a purse but later discovers it belongs to Z. If A then appropriates it, A is guilty under the illustration.
Valuable ring sold immediately
A finds a valuable ring and immediately sells it without attempting to discover the owner. The illustration treats A as guilty under Section 314.
Punishment, Cognizability, Bail and Trial Court
| Offence | Dishonest misappropriation of movable property or conversion of it to one's own use |
|---|---|
| Punishment | Imprisonment of either description for not less than six months and up to two years, and fine |
| Cognizable | No - non-cognizable |
| Bailable | Yes |
| Trial court | Any Magistrate |
| Procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
Difference From Theft and Criminal Breach of Trust
Theft - Section 303 BNS
Section 303 BNS deals with dishonest taking of movable property out of another person's possession without consent. Section 314 can apply where possession was initially obtained innocently or lawfully but the property is later dishonestly appropriated or converted.
Criminal breach of trust - Section 316 BNS
Section 316 BNS requires entrustment of property or dominion over property and dishonest misappropriation, conversion, use or disposal in violation of law or contract. Entrustment is therefore a distinguishing feature of criminal breach of trust.
Official Legal Sources
For authoritative statutory wording, procedural classification and commencement information, consult India Code and the Ministry of Home Affairs resources listed in the right sidebar. The official Act, First Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is Section 314 BNS?
Section 314 punishes dishonest misappropriation or conversion to one's own use of movable property.
What is the punishment under Section 314 BNS?
The punishment is imprisonment of either description for not less than six months and up to two years, together with fine.
Is Section 314 BNS bailable?
Yes. The offence is bailable.
Is Section 314 BNS cognizable?
No. It is classified as non-cognizable.
Which court tries a Section 314 offence?
The BNSS First Schedule makes the offence triable by any Magistrate.
Can temporary use amount to misappropriation?
Yes. Explanation 1 expressly provides that dishonest misappropriation for a time only is still misappropriation.
Is merely finding lost property an offence?
No. The offence arises when the finder dishonestly appropriates the property in circumstances described in Explanation 2, such as knowing or having means to discover the owner and failing to take reasonable steps before appropriation.
This page provides general legal information. Application of Section 314 depends on the facts, evidence and law applicable to the individual case.