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BNS 2024ACTIVE FRAMEWORK

Section 317

Dishonest Misappropriation of Property Possessed by Deceased at Time of Death

Replaces colonial-era: IPC 404

BailableCognizable: Non-CognizableAny Magistrate

Reform Highlights

1

Renumbered from IPC 404 to BNS 317.

2

Same 3-year standard maximum and 5-year maximum for servants preserved.

3

Key element: property must not have come into possession of any legally entitled person yet.

THE STATUTE

The Clause

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 the same, 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 is a clerk or servant of the deceased, he shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Legal Commentary

Section 317 addresses a specific and unfortunately common scenario: the misappropriation of property belonging to a recently deceased person before the legal heirs can take possession of it. When a person dies, their property does not immediately pass into the possession of their heirs — there is a transitional period where the estate may be accessible to those who were physically close to the deceased (servants, caregivers, neighbours). Anyone who takes advantage of this gap to convert the deceased's property to their own use — without the knowledge or consent of the legal heirs — commits this offence. An enhanced sentence of 5 years applies where the offender is a servant or employee of the deceased, reflecting the additional breach of trust involved.

Case Simulations

"A neighbour who enters a recently deceased person's home and takes valuables before relatives arrive — Section 317."
"A domestic worker who keeps jewellery of the deceased employer — Section 317, up to 5 years."

Expert Insights

Yes — Section 317 specifically covers this scenario. A servant who takes property of the deceased before the legal heirs take possession faces 5 years imprisonment (the enhanced penalty for servants).