The word misappropriation means a dishonest appropriation and use of another’s property for one’s own usage. In this article let us study about Criminal Misappropriation in detail.
Browse more Topics under Indian Penal Code
- Definition and Meaning of Crime
- Difference between Crime and Tort
- Theories and Kinds of Punishment
- Stages of Crime
- Elements of Crime
- Codification of Law of Crime in India
- Abetment under IPC – Insitgation, Conspiracy, Aid
- Offence affecting Life – Hurt Part I (Section 319 to Section 325)
- Offence affecting Life – Hurt Part II (Section 325 to Section 338)
- Offence Affecting Property – Theft
- Offence Affecting Property – Extortion
- Offence Affecting Property – Robbery and Dacoity
- Offence Affecting Property – Criminal Breach of Trust
- Offence Affecting Property – Receiving of Stolen Property
- Offence Affecting Property – Cheating
- Offence relating to Marriage – Cruelty caused by Husband or relative of Husband
- Offence against Public Tranquility: Unlawful Assembly, Rioting, Affray
- Criminal Intimidation, Insult, and Annoyance
- Offences against State
- Offences Relating to Religion – IPC 295Offences Relating to Elections
What is Misappropriation?
Section 403 & Section 404 of the Indian penal code, 1860 deals with Criminal Misappropriation of Property. Section 403 of the Indian penal code deals with criminal misappropriation and prescribes the penalization for the offence. Also, Section 404 of the Indian penal code deals with dishonest misappropriation of a deceased person’s property.
Dishonest Misappropriation of Property
Section – 403 of the Indian penal code reads that, whoever dishonestly misappropriates any movable property to his own usage, shall be punished with imprisonment up to 2 years or with fine or both.
- Ajay takes property belonging to Zeeshan out of Zeeshan’s possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. Ajay is not guilty of thef. But if Ajay, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
- Ajay, being on friendly terms with Zeeshan, goes into Zeeshan’s library in Zeeshan’s absence, and takes away a book without Zeeshan’s express consent. Here, if Ajay was underneath the impression that he had Zeeshan’s implicit consent to take hold of the book for the aim of reading it, Ajay has not committed theft. But, if Ajay subsequently sells the book for his own profit, he is guilty of an offence under this section.
To establish the offence of misappropriation following ingredients have to be satisfied:
(i) the defendant embezzled property and converted the property to his own use.
(ii) he does so dishonestly.
(iii) the property is movable; and
(iv) the movable property belonged to the complainant
The offence underneath Section 403 of the Code is non-cognizable, bailable, compoundable with the permission of the court and triable by any magistrate.
Finder of goods
If the intention wasn’t dishonest at the time possession was taken a subsequent alter of intention doesn’t make the possession unlawful. Explanation to the section emphasizes that in case of the finder of goods if he has taken all precautions to ascertain the true owner and kept the goods for a reasonable time for restoring it to actuality owner, he may use the property for himself if actuality owner isn’t found. But if forthwith misappropriate the property he would be liable underneath the section.
Dishonest misappropriation of property possessed by a person who passed away:
Section 404 of the Indian penal code says 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’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 can reach 3 years, and shall also be liable to fine, and if the offender at the time of such person’s decease was utilised by him as a clerk or servant, the imprisonment may extend to 7 years.
To invoke Section 404 of the Indian penal code following ingredients should be met.
(i) The property must be a movable property
(ii) Such property was in possession of the deceased at the time of his death
(iii) The defendant misappropriated it or converted it to his own use
(iv) The accused did so dishonestly.
Offence underneath this Section is non-cognizable, bailable, non-compoundable, and triable by a magistrate of the first class.
Criminal Misappropriation of Property
When an individual converts any movable property to his own use, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
|Section – 378||Theft|
|Section – 379||Punishment for theft|
|Section -380||Theft in dwelling house, etc.|
|Section – 383||Extortion|
|Section – 384||Punishment for extortion|
|Section -385||Putting an individual in fear of injury in order to commit extortion|
|Section – 398||Attempt to commit robbery or dacoity when armed with a deadly weapon|
|Section – 399||Making preparation to commit dacoity|
|Section – 400||Punishment for belonging to a gang of dacoits|
|Section – 401||Punishment for belonging to a gang of thieves|
|Section – 402||Assembling/gathering for purpose of committing dacoity|
|Section – 403||Dishonest misappropriation of property|
|Section – 404||Dishonest misappropriation of property possessed by a person who passed away|
|Section – 405||Criminal breach of trust|
|Section – 406||Punishment for criminal breach of trust|
|Section 407||Criminal breach of trust by carrier, etc|
|Section 408||Criminal breach of trust by clerk or servant|
Question on Criminal Misappropriation
Ques. What is the meaning of Misappropriation?
- Dishonest appropriation
- Dishonest appropriation and use of another’s property for one’s own usage
- a & b both
- b only
Ans. The correct answer is b. The word misappropriation means a dishonest appropriation and use of another’s property for one’s own usage.