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IPC 404

IPC Section 404 – Dishonest Misappropriation of Property Possessed by Deceased Person at Time of His Death | Punishment & Free Legal Consultation
Section 404 · Indian Penal Code

IPC Section 404 – Dishonest Misappropriation of Property Possessed by Deceased Person at the Time of His Death

Section 404 of the Indian Penal Code punishes dishonestly misappropriating or converting to one's own use property, knowing it was in the possession of a person who has since died, where that property has not yet come into the possession of anyone legally entitled to it. It specifically protects a vulnerable interval — the gap between a person's death and their property lawfully passing to their heirs, executors, or other rightful successors — from opportunistic misappropriation.

Punishment: Up to 3 years + fine (up to 7 years if by clerk/servant of the deceased)
Cognizable: No
Bailable: Yes
Compoundable: No
BNS 2023 equivalent: Section 315
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Quick Answer: What Does Section 404 Mean?

In simple terms, Section 404 targets a specific, opportunistic window of vulnerability: the period immediately after someone dies, before their property has legally passed to their heirs or another rightful successor. If someone dishonestly takes and uses property they know belonged to (was in the possession of) the deceased at the time of death, and that property hasn't yet reached anyone legally entitled to it, this section applies. The Code's own illustration makes this concrete: Z dies possessing furniture and money; before that money reaches anyone entitled to it, Z's servant A dishonestly misappropriates it — A has committed this offence. Notably, if the offender was employed by the deceased as a clerk or servant, the maximum punishment jumps considerably, from 3 years to 7 years, reflecting the breach of trust involved.

Protects the interval between a person's death and their property lawfully passing to a rightful successor
Requires knowledge that the property was in the deceased's possession at the time of death
Punishment escalates significantly if the offender was the deceased's clerk or servant
Courts are divided on whether "property" here covers only movable property, or immovable property too

What is IPC Section 404?

IPC Section 404 sits in Chapter XVII of the Indian Penal Code, "Of Offences Against Property," within the sub-group "Of Criminal Misappropriation of Property" (Sections 403–404). It addresses a scenario the general misappropriation offence under Section 403 doesn't specifically target — property whose rightful owner has died, creating a temporary gap during which the property may not be under anyone's active, legal supervision, making it an attractive target for opportunistic misappropriation, particularly by servants, caretakers, or others who had access during the deceased's lifetime.

This provision has been described as enacted specifically to provide protection to this special category of property — safeguarding it during the precise interval between the possessor's death and the point at which it comes into the possession of some person or officer legally authorised to take charge of it.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 404 IPC now corresponds to Section 315 of the BNS, which retains the same substantive scope and punishment structure.

Punishment Under Section 404

General PunishmentImprisonment of either description up to 3 years, and fine
If Offender Was Clerk or ServantImprisonment of either description up to 7 years, and fine
Nature of OffenceNon-cognizable — police generally require a Magistrate's order to investigate or arrest
Bailable / Non-BailableBailable — bail is a matter of right
CompoundableNon-compoundable
Triable ByMagistrate of the First Class

The considerable jump in maximum punishment for a clerk or servant of the deceased reflects the aggravated breach of trust involved — someone who had legitimate access to or knowledge of the deceased's property during their lifetime abusing that access after death, rather than a stranger simply happening upon unclaimed property.

Key Ingredients / Essential Elements

1

Dishonest misappropriation or conversion

The accused must have dishonestly misappropriated or converted the property to their own use.

2

Knowledge that the property was possessed by a deceased person

The accused must have known that the property was in the possession of a person who has since died, at the time of that person's death.

3

Property not yet reached a legally entitled person

The property must not have since come into the possession of any person legally entitled to it.

How Section 404 Relates to Neighbouring Provisions

  • Section 24 defines "dishonestly" as doing anything with the intention of causing wrongful gain to one person, or wrongful loss to another.
  • Section 27 establishes that property held by a wife, clerk, or servant on someone's account is treated as being in that person's own possession — relevant background for understanding the deceased's "possession" this section protects.
  • Section 403 punishes the general offence of dishonest misappropriation or conversion of property, of which this section is a specialised, more severe variant.
  • Section 404 (this section) punishes misappropriation specifically of a deceased person's property, before it reaches a rightful successor.
  • Section 405 defines criminal breach of trust — a related but distinct offence requiring the property to have been entrusted to the accused, rather than merely coming within their access or knowledge.

Important Cases on Section 404

Scope of "Property"

Divergent High Court Views on Movable vs. Immovable Property

Indian High Courts have taken differing views on whether the term "property" under Section 404 covers only movable property, or extends to immovable property as well. The Bombay and Madhya Pradesh High Courts have held that the section's protection is limited specifically to movable property, while the Allahabad High Court has taken the contrary view that the section's protection is not so limited.

Principle relied on: This unresolved divergence in judicial interpretation means the precise scope of Section 404's protection — whether it extends to immovable estate assets like land and buildings, or is confined to movable items like cash, jewellery, and furniture — can depend significantly on the jurisdiction in which a matter is litigated, making careful legal advice particularly important in disputes involving immovable deceased-estate property.

Frequently Asked Questions on Section 404

What exactly does IPC Section 404 punish?+
It punishes dishonestly misappropriating or converting property, knowing it was in the possession of a person who has since died, where that property has not yet reached anyone legally entitled to it.
Is Section 404 a bailable offence?+
Yes, it is bailable, both under the general 3-year tier and the enhanced 7-year tier for a clerk or servant of the deceased.
What happens if the offender was employed by the deceased?+
The maximum punishment increases significantly, from 3 years to 7 years, reflecting the aggravated breach of trust where a clerk or servant abuses access they had during the deceased's lifetime.
Does "property" under this section cover both movable and immovable property?+
This is genuinely disputed among High Courts — the Bombay and Madhya Pradesh High Courts have held the section is limited to movable property, while the Allahabad High Court has taken a broader view.
Does this section apply once the property reaches the deceased's legal heirs?+
No, the section specifically protects the interval before the property comes into the possession of any person legally entitled to it — once it reaches a rightful successor, this specific provision no longer applies, though other property offences may become relevant.
Is Section 404 cognizable?+
No, it is non-cognizable.
Can Section 404 be settled privately?+
No, it is non-compoundable.
Which court tries a case under Section 404?+
A Magistrate of the First Class.
Is Section 404 still valid after the BNS came into force?+
IPC Section 404 continues before 1 July 2024; offences after that date fall under Section 315 of the Bharatiya Nyaya Sanhita, 2023.
Do I need a lawyer for a case involving deceased-estate property?+
Yes, particularly given the unsettled question of whether immovable property is covered, and the potential overlap with civil inheritance and probate matters. Many lawyers, including our panel, offer a free initial consultation — call +91 94797 98899.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Consult a qualified advocate for guidance on your specific case, especially given the transition from IPC to BNS.
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© 2026 Aapka Legal Advice. This page provides general information about IPC Section 404 and is not a substitute for professional legal advice.
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