IPC Section 404

Indian Penal Code

US
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IPCChapter XVII

S. 404

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.

...More in Chapter XVII

Classification u/schedule 1 CrPC

Offence

Punishment

  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
  2. If by clerk or person employed by deceased
  1. 3 Years + Fine
  2. 7 Years + Fine

Cognizance

Bail

Triable By

  1. Non-Cognizable
  2. Non-Cognizable
  1. Bailable
  2. Bailable
  1. Magistrate First Class
  2. Magistrate First Class

Composition u/s 320 CrPC

Offence is NOT listed under Compoundable Offences

By Raman Devgan
Updated: 31 Oct 2022
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