2+ Lawyers are online
IPC Section 404 - Dishonest misappropriation of property possessed by deceased person at the time of his death
Last Updated: 01 Nov, 2026
By Advocate Chikirsha Mohanty
Please refer to BNS 315 for updated procedures & punishments.
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.
IPC 404 in Simple Words
If someone dishonestly takes and uses the property of a deceased person, knowing that it was left behind and not rightfully claimed by anyone else, they can be punished with imprisonment for up to three years and may also be fined; if they were employed by the deceased person, the imprisonment can be extended to seven years.
Dishonest misappropriation of property possessed by deceased person at the time of his death
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it | 3 Years + Fine | Non-Cognizable | Bailable | Magistrate First Class |
| If by clerk or person employed by deceased | 7 Years + Fine | Non-Cognizable | Bailable | Magistrate First Class |
Offence : Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it
Punishment : 3 Years + Fine
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
Offence : If by clerk or person employed by deceased
Punishment : 7 Years + Fine
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
Browse through our complete index of all IPC Sections. Learn about the Indian Penal Code with our extensive resource that covers every section in detail.
Find the best lawyer for IPC Section 404 charges
Comments by Users
No Comments! Be the first one to comment.
Popular IPC Sections
Frequently Asked Questions
Is 403 IPC bailable or not?
Is 403 IPC bailable?
What is Section 405?
According to Section 405, IPC, criminal breach of trust is defined as: Whoever has been entrusted in any way with property or any dominion of property dishonestly misappropriates, converts that property for his own use, or dishonestly disposes or uses that property in violation any law prescribing...
What is criminal misappropriation of property?
Criminal misappropriation is committed when property is converted, or misappropriated, with a dishonest intent to use for the offender. The mere moving of property does not constitute an offence. Right of Possession. The wrongdoer violates the right to possession in theft.
