Bharatiya Nyaya Sanhita, 2023

BNS Section 315

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

In one line

BNS Section 315 deals with dishonest misappropriation of property possessed by deceased person at the time of his death and replaces IPC 404.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
315Dishonest misappropriation of property possessed by deceased person at the time of his death.Imprisonment for 3 years and fine.Non-cognizable.Bailable.Magistrate of the first class.
315If by clerk or person employed by deceased.Imprisonment for 7 years.Non-cognizable.Bailable.Magistrate of the first class.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 315

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

Whoever 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.

Frequently asked

What was BNS Section 315 in the IPC?

BNS Section 315 (Dishonest misappropriation of property possessed by deceased person at the time of his death) replaces Section 404 of the Indian Penal Code, 1860. IPC 404 is now BNS 315.

What is the punishment under BNS 315?

Dishonest misappropriation of property possessed by deceased person at the time of his death – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.

Is BNS 315 bailable?

Bailable: BNS 315, 315. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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