Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of criminal misappropriation of property
Section 404: Dishonest misappropriation of property possessed by deceased person at the time of his death
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Dishonestly misappropriating property one knows was in a deceased person's possession at death and has not since been held by anyone legally entitled to it is punishable with imprisonment of either description for up to three years, and a fine. If the offender was the deceased's clerk or servant, it can extend to seven years.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 404
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Chetan v. The State of Karnataka
Matter pertains to the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 304 IPC, and u/ss.3, 5 of the Arms Act, 1959.
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Gambhir Singh v. The State of Uttar Pradesh
Matter pertains to the sustainability of the order passed by the High Court upholding the order of conviction and death sentence awarded to the appellant by the trial court.
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Suhas Chakma v. Union of India & Ors.
Access to free and timely legal aid for prison inmates.
- Tapas Haldar v. State of of NCT of Delhi & Anr
- Suhail Fazal v. The State
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P. Sasikumar v. The State Rep. by the Inspector of Police
High Court, if justified in upholding the conviction of the appellant u/s. 302/34 as well as u/ss. 449, 404 and 201 r/w 302 IPC, in absence of test identification parade, where accused is a stranger to a witness and the…
- Kundan Singh v. The State Govt. of NCT Delhi
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Afjal Ansari v. State of UP
What are the parameters to be considered for the suspension of conviction u/s. 389(1) CrPC; whether the appellant has made out a prima facie case for the suspension of conviction u/s. 389(1) CrPC; and whether conviction…
- State v. Arjun Ekka & Anr
- Ram Tej v. State
- Siju Kurian v. State of Karnataka
- Ashok Kumar Singh Chandel v. State of U.P.
- Kadamanian @ Manikandan v. State Represented by Inspector of Police
- Purushotiam Dashrath Borate &Anr. v. State of Maharashtra
- Pawan Kumar @ Monu Mittal v. State of Utiar Pradesh & Anr.
- Sanjay Kumar v. The State of Bihar & Anr.
- Rohtash Kumar v. State of Haryana
- Ravirala Laxmaiah v. State of A.P.
- Kusti Mallaiah v. The State of Andhra Pradesh
- Munish Mubar v. State of Haryana
- Gajraj v. State (Nct) of Delhi
- Ramesh v. State of Rajasthan
- State of U.P. v. Guru Charan & Others
- I. Ravindra Reddy v. Shaik. Khader Masthan and Ors.
- State of Himachal Pradesh v. Uttam Kumar and Ors.
- Vilas Pandurang Patil v. State of Maharashtra
- Bhagwan Singh and Ors. v. State of M.P.
- Ganesh Lal v. State of Rajasthan
- Gade Lakshmi Mangraju @ Ramesh v. State of Andhra Pradesh
- Sajjan Singh v. State of Madhya Pradesh
- Preetam v. State of Madhya Pradesh
- Gokaraju Venkatanarasa Raju v. State of Andhra Pradesh
- R. K. Dalm.Ia v. Delhi Administration