Introduction:

Here we are going to explain what is punishable offence in this section is and how much has imprisonment or fine under section 404.

Description:

Dishonest misappropriation of property possessed by deceased person at the time of his death:

In this section states that 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

1. 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.

 

CLASSIFICATION OF OFFENCE Punishment:

1. Offence: Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it

Punishment: 3 Year + Fine

This is a Bailable, Non-Cognizable offence and Triable by Magistrate First Class

 

2. Offence: If by clerk or person employed by deceased

Punishment: 7 Years + Fine

This is a Bailable, Non-Cognizable offence and Triable by Magistrate First Class

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