Dishonest misappropriation of property possessed by deceased person at the time of his death
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Summary
Dishonestly taking or converting property that was in a person’s possession when they died, before anyone legally entitled has taken possession, is an offence. The offender can be punished with imprisonment for up to three years and a fine. If the offender was employed by the deceased as a clerk or servant at the time of death, the jail term may be extended up to seven years.
Example
Ravi dies owning cash and furniture. His servant Karan takes the cash from Ravi’s house before any person legally entitled receives it. Karan can be punished with up to three years imprisonment and a fine, and because he was employed as Ravi’s servant at the time of death the jail term may extend to seven years.
Bare Act
Enacted textWhoever dishonestly misappropriates or converts to his own use any 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.
BNSS Classification
- Imprisonment for 3 years and fine.
- If offender was an employee: Imprisonment for 7 years and fine.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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