Vidhara

The Indian Penal Code, 1860

§404Dishonest misappropriation of property possessed by deceased person at the time of his death

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. Illustration Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

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Official text: India Code (official)

Official India Code text: The Indian Penal Code, 1860 (45 of 1860), English PDF (A1860-45.pdf) retrieved via Internet Archive Wayback Machine snapshot 2020-04-21 of indiacode.nic.in (portal unreachable from ingest network). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser on 2026-07-15. Repealed by BNS 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending. Eleven State-inserted sections that had been published as central law were removed on 2026-08-02 after the D-052 guard identified them: 354E, 376F, 509A and 509B (Chhattisgarh Act 25 of 2015), 379A and 379B (Gujarat Act 6 of 2019) and 382B-382F (Tripura Act 4 of 2019). They are now recorded as State amendments against the sections they attach to, not as sections of the Code (D-053).

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