Bharatiya Nyaya Sanhita, 2023
Section 315 BNS: Dishonest Misappropriation of Property Possessed by a Deceased Person
Section 315 of the Bharatiya Nyaya Sanhita, 2023 punishes dishonest misappropriation or conversion of property that was in the possession of a deceased person at the time of death and has not yet come into the possession of a person legally entitled to possess it.
Section 315 BNS - Statutory Provision
Whoever dishonestly misappropriates or converts to his own use any 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. If the offender, at the time of the person's decease, was employed by the deceased as a clerk or servant, the imprisonment may extend to seven years.
The offence is directed at the vulnerable interval after a person's death and before the deceased person's property reaches someone legally entitled to possess it.
Essential Ingredients of Section 315 BNS
For Section 315 to apply, the following elements are central:
- there must be property that was in the possession of a deceased person at the time of death;
- the property must not since have come into the possession of a person legally entitled to possess it;
- the accused must know these circumstances; and
- the accused must dishonestly misappropriate the property or convert it to his own use.
Mere physical access to property after a death is not enough. The prosecution must establish dishonest misappropriation or conversion together with the statutory knowledge requirement.
Property Not Yet in the Possession of a Legally Entitled Person
A key part of Section 315 is the requirement that, after the deceased person's death, the property has not yet come into the possession of a person legally entitled to possess it.
This separates the offence from later disputes over property that has already entered lawful possession. Whether a particular person is legally entitled to possession depends on the facts and the applicable succession, testamentary, contractual or other legal rights.
Enhanced Punishment for Clerk or Servant
Section 315 provides a higher maximum sentence where the offender was employed by the deceased as a clerk or servant at the time of death.
In the general case, imprisonment may extend to three years. For a clerk or servant of the deceased, the imprisonment may extend to seven years. This enhancement reflects the offender's employment relationship and access to the deceased person's property.
Statutory Illustration
Z dies while in possession of furniture and money. Before the money comes into the possession of any person entitled to possess it, Z's servant A dishonestly misappropriates the money. The illustration states that A has committed the offence defined in Section 315.
Punishment, Cognizability, Bail and Trial Court
| Variant | Punishment | Cognizable | Bail | Trial Court |
|---|---|---|---|---|
| General offence | Imprisonment of either description up to three years and fine | Non-cognizable | Bailable | Magistrate of the first class |
| Offender was clerk or servant of deceased | Imprisonment may extend to seven years | Non-cognizable | Bailable | Magistrate of the first class |
Difference From Section 314 and Criminal Breach of Trust
Section 314 - General dishonest misappropriation
Section 314 BNS generally punishes dishonest misappropriation or conversion of movable property. Section 315 is more specific because it concerns property possessed by a deceased person at the time of death before lawful possession passes to someone legally entitled.
Section 316 - Criminal breach of trust
Section 316 BNS involves entrustment of property or dominion over property and dishonest misuse, misappropriation or disposal in violation of law or contract. Entrustment is therefore a key distinguishing feature.
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 315 BNS?
Section 315 punishes dishonest misappropriation or conversion of property that was in the possession of a deceased person at the time of death and has not yet come into lawful possession of someone entitled to it.
What is the punishment under Section 315 BNS?
In the general case, imprisonment may extend to three years and fine. If the offender was employed by the deceased as a clerk or servant at the time of death, imprisonment may extend to seven years.
Is Section 315 BNS bailable?
Yes. Both the general offence and the clerk or servant variant are bailable.
Is Section 315 BNS cognizable?
No. Both variants are classified as non-cognizable.
Which court tries a Section 315 offence?
Both variants are triable by a Magistrate of the first class.
Why is the punishment higher for a clerk or servant?
Section 315 itself provides an enhanced maximum of seven years where the offender was employed by the deceased as a clerk or servant at the time of death.
This page provides general legal information. Application of Section 315 depends on the facts, evidence and law applicable to the individual case.