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’ 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’ decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.
Illustrations
- 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.
IPC Section 404: Simplified Explanation
IPC Section 404 addresses the offence of dishonest misappropriation of property that belonged to a deceased person at the time of their death. This section specifically targets individuals who take advantage of a person’s death to misappropriate movable property that the deceased possessed without any legal claim or right. The key elements are the dishonest intention to take possession of the property and deprive the rightful heirs or claimants of their inheritance or rights to the property.
Is IPC Section 404 bailable?
IPC Section 404 is bailable. While the offence involves a breach of trust and ethical standards, especially in the sensitive context of a person’s death, it is treated with the possibility of bail due to its non-violent nature.
IPC Section 404 Punishment
The punishment under IPC Section 404 involves imprisonment of either description for a term that may extend to three years, and the offender is also liable to a fine. This penalty reflects the seriousness of exploiting the vulnerability of a situation where a person has passed away and the potential impact on the deceased’s family or heirs.
Example of IPC Section 404
A real-life example of IPC Section 404 involved a caregiver looking after an elderly person. Upon the elderly person’s death, the caregiver discovered and took possession of a substantial amount of cash and jewellery that the deceased had in their home without informing the family or legal heirs. When the family later discovered the missing items and investigated, it was found that the caregiver had taken them. The caregiver was arrested and charged under IPC Section 404 for dishonestly misappropriating the property of the deceased. In court, the caregiver was sentenced to two years in prison and ordered to return the items or their value to the heirs, highlighting the legal consequences of such dishonest actions in the context of a person’s death.
