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

Last Updated: 01 Jun, 2023
By Advocate Chikirsha Mohanty

Description of IPC Section 404

According to section 404 of Indian penal code, 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.

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

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What offence is defined under IPC 404?

IPC 404 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.