BNS Section 315 – Dishonest misappropriation of property possessed by deceased person at the time of his death
The Indian Penal Code (IPC) Section – 404
Bharatiya Nyaya Sanhita (BNS) Section 314A: Dishonest Misappropriation of Property Possessed by a Deceased Person
This section deals with the dishonest misappropriation of property that was in the possession of a deceased person at the time of their death. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Dishonestly misappropriates or converts to their own use any property that:
- Was in the possession of a deceased person at the time of their death, and
- Has not yet come into the possession of someone legally entitled to it.
- If the offender was a clerk or servant of the deceased, the crime is considered more serious.
What is the Punishment?
The punishment depends on the role of the offender:
| Type of Offence | Punishment |
|---|---|
| General Offence | – Imprisonment for up to 3 years, and – Fine. |
| If Offender is a Clerk or Servant | – Imprisonment for up to 7 years, and – Fine. |
Example
Z dies, leaving behind furniture and money. His servant A dishonestly takes the money before it is handed over to the legal heir. A is guilty under this section.
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Non-cognizable – Police cannot arrest without a warrant. |
| Bailable or Non-bailable | Bailable – The accused can seek bail. |
| Court for Trial | Magistrate of the First Class – The case is tried by a higher-level Magistrate. |
Key Points to Understand
- Property of the Deceased:
- The property must have been in the possession of the deceased at the time of their death.
- It should not yet have been legally claimed by the rightful heir or owner.
- Dishonest Intent:
- The offender must act dishonestly, knowing the property does not belong to them.
- Clerk or Servant:
- If the offender was employed by the deceased as a clerk or servant, the punishment is stricter (up to 7 years).
Why is this Law Important?
This law is important because:
- It protects the property of deceased persons from being misused or stolen.
- It ensures that those who dishonestly take such property face punishment.
- It holds clerks or servants, who are in a position of trust, to a higher standard of accountability.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 314A makes it a crime to dishonestly take or use property that belonged to a deceased person at the time of their death. The punishment is up to 3 years in jail and a fine, or up to 7 years if the offender was a clerk or servant of the deceased. The law ensures that such dishonest actions are punished, protecting the property of the deceased and their rightful heirs.
