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


Description

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.


Applicable Offences

1. 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
This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class

2. If by clerk or person employed by deceased

Punishment - 7 Years + Fine
This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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