What is Section 404 IPC? Dishonest misappropriation of property possessed by deceased person
Published on: Lawiz Team
Learn about Section 404 IPC: Dishonest misappropriation of property possessed by deceased person
Official Legal Text
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 death, 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.
What This IPC Section Means – Explained in Simple Words
Section 404 punishes anyone who dishonestly misappropriates or converts the property of a deceased person for their own use.
Purpose
To ensure that the property of a deceased person is not misappropriated by others and is handed over to lawful heirs.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, and fine; If the property is a will or other testamentary document, imprisonment up to 7 years, and fine.
Key Elements
1. The property must belong to a deceased person. 2. It must be dishonestly misappropriated or converted. 3. The act must be without legal authority.
Punishment Details
Imprisonment of up to three years, or a fine, or both.
Illustrative Example
If a person takes jewelry from a deceased person's house without informing their heirs, it is an offence under Section 404.
Legal Defenses
If the accused can prove that they were legally entitled to the property, they may be acquitted.
Related Sections
Related to Section 403 (Dishonest misappropriation) and Section 406 (Criminal breach of trust).
FAQs
What does Section 404 IPC define?
Dishonest misappropriation of property possessed by deceased person at the time of his death.
How is 'Dishonest misappropriation of property possessed by deceased person at the time of his death' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 404 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 404?
Examples include real-life cases involving dishonest misappropriation of property possessed by deceased person at the time of his death.
Is Section 404 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 404 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 404 significant?
It holds importance in the framework of criminal law.