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SECTION 404 IPC - Indian Penal Code - Dishonest misappropriation of property possessed by deceased person at the time of his death


Last Updated: 01 Jun, 2024
By Advocate Chikirsha Mohanty


Table of Contents
  1. IPC 404 in Simple Words
  2. IPC Section 404 related FAQs
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.


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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



According to Section 404, the Indian penal code, anyone who dishonestly misappropriates, or converts property to his use, knowing that the property belonged to a deceased individual at the time that the person died, and that it has not been in possession by any other person legally entitled to that possession since, is guilty of criminal offense.





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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.