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

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.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine—Non-Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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If by clerk or person employed by deceased:
Punishment—Imprisonment for 7 years and fine—Non-Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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