Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustrations
- A takes property belonging to Z out of Z’ possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
- A, being on friendly terms with Z, goes into Z’ library in Z’ absence and takes away a book without Z’ express consent. Here, if A was under the impression that he had Z’ implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
- A and B being joint owners of a horse, A takes the horse out of B’ possession, intending to use it. Here as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.
Explanations
- A dishonest misappropriation for a time only is a misappropriation with the meaning of this section.
Illustrations
- A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security or a loan, intending at a future time to restore it to Z. A has committed an offence under this section.
Explanations
- A person who finds property not in the possession of any other person, and such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it: it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.
Illustrations
- A finds a rupee on the high-road, not knowing to whom the rupee belong, A picks up the rupee. Here A has not committed the offence defined in this section.
- A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.
- A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
- A sees Z drop his purse with money in it. A pick up the purse with the intention of restoring it to Z, bu afterwards appropriates it to his own use. A has committed an offence under this section.
- A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.
- A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.
IPC Section 403: Simplified Explanation
IPC Section 403 deals with the offence of dishonest misappropriation of property. This section applies when a person unlawfully takes possession of movable property belonging to someone else without their consent, intending to use or dispose of it in a way that deprives the rightful owner of its use. The key elements of this offence are the taking of property without consent and the dishonest intention to use it for one’s benefit, thereby causing wrongful loss to the owner.
Is IPC Section 403 bailable?
IPC Section 403 is bailable. This reflects the nature of the offence, which, while serious, involves less direct threat or violence than crimes like robbery or dacoity.
IPC Section 403 Punishment
The punishment under IPC Section 403 involves imprisonment of either description for a term extending to two years, with a fine, or with both. The penalty acknowledges the need to deter such acts of dishonest misappropriation while allowing for variability based on the circumstances and value of the property involved.
Example of IPC Section 403
A real-life example of IPC Section 403 involved a person finding a wallet containing cash and identification cards on a bus. Instead of attempting to return the wallet to its owner or handing it over to the authorities, the person decided to use the cash and dispose of the wallet. The owner tracked the wallet through a bank card transaction, leading to the arrest of the individual who had used the funds. In court, due to the clear intention to misappropriate the found property for personal gain, the individual was convicted under IPC Section 403. They received a sentence of one year in prison. They were ordered to pay a fine, emphasizing the legal consequences of such dishonest behaviour.
