Here we are going to explain
what is punishable offence in this section is and how much has imprisonment or
fine under section 403.
misappropriation of property:
In this section states that whoever dishonestly
misappropriates or converts to his own use any movable property, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
a. A takes property belonging to Z out of
Z’ possession in good faith, believing, at the time when he takes it, that the
property belongs to himself. A is not guilty of theft; but if A, after
discovering his mistake, dishonestly appropriates the property to his own use,
he is guilty of an offence under this section.
b. A, being on friendly terms with Z, goes
into Z’ library in Z’ absence and takes away a book without Z’ express consent.
Here, if A was under the impression that he had Z’ implied consent to take the
book for the purpose of reading it, A has not committed theft. But, if A
afterwards sells the book for his own benefit, he is guilty of an offence under
c. A and B being joint owners of a horse,
A takes the horse out of B’ possession, intending to use it. Here as A has a
right to use the horse, he does not dishonestly misappropriate it. But, if A
sells the horse and appropriates the whole proceeds to his own use, he is
guilty of an offence under this section.
1. A dishonest misappropriation for a
time only is a misappropriation with the meaning of this section.
1. A finds a Government promissory note
belonging to Z, bearing a blank endorsement. A, knowing that the note belongs
to Z, pledges it with a banker as a security or a loan, intending at a future
time to restore it to Z. A has committed an offence under this section.
1. A person who finds property not in the
possession of any other person, and such property for the purpose of protecting
it for, or of restoring it to, the owner, does not take or misappropriate it
dishonestly, and is not guilty of an offence; but he is guilty of the offence
above defined, if he appropriates it to his own use, when he knows or has the
means of discovering the owner, or before he has used reasonable means to
discover and give notice to the owner and has kept the property a reasonable
time to enable the owner to claim it.
What are reasonable means or what is a
reasonable time in such a case, is a question of fact.
It is not necessary that the finder
should know who is the owner of the property, or that any particular person is
the owner of it: it is sufficient if, at the time of appropriating it, he does
not believe it to be his own property, or in good faith believe that the real
owner cannot be found.
a. A finds a rupee on the high-road, not
knowing to whom the rupee belong, A picks up the rupee. Here A has not
committed the offence defined in this section.
b. A finds a letter on the road,
containing a bank note. From the direction and contents of the letter he learns
to whom the note belongs. He appropriates the note. He is guilty of an offence
under this section.
c. A finds a cheque payable to bearer. He
can form no conjecture as to the person who has lost the cheque. But the name
of the person, who has drawn the cheque, appears. A knows that this person can
direct him to the person in whose favour the cheque was drawn. A appropriates
the cheque without attempting to discover the owner. He is guilty of an offence
under this section.
d. A sees Z drop his purse with money in
it. A pick up the purse with the intention of restoring it to Z, bu afterwards
appropriates it to his own use. A has committed an offence under this section.
e. A finds a purse with money, not knowing
to whom it belongs; he afterwards discovers that it belongs to Z, and
appropriates it to his own use. A is guilty of an offence under this section.
f. A finds a valuable ring, not knowing to
whom it belongs. A sells it immediately without attempting to discover the
owner. A is guilty of an offence under this section.
CLASSIFICATION OF OFFENCE Punishment:
Offence: Dishonest misappropriation of movable
property, or converting it to one’s own use
Punishment: 2 Year or Fine or both
This is a Bailable,
Non-Cognizable offence and Triable by Any Magistrate
Offence is Compoundable by: The owner of the property misappropriated