Criminal Misappropriation of Property(Section 403 & 404) IPC

Video Lecture by Tushar Sharma

Answer of MCQs: Q.1 (d) Q.2 (b)

Section 403 Dishonest Misappropriation of Property
Criminal Misappropriation takes place not when the possession has been innocently come by, but when, by a subsequent change of intention, or from the knowledge of some new fact with which the party was not previously acquainted, the retaining becomes wrongful and fraudulent. The offence consist in the dishonest misappropriation or conversion, either permanently or for a time being, of property which is already in the possession of the offender.

Section 404: Aggravated form of Criminal Misappropriation
The section deals with misappropriation by two classes of persons.
The first class is strangers who may take advantage of the death of a person and misappropriate property. In such a case, (the accused is liable to imprisonment upto three years and fine).
If the accused is clerk or a servant then it is taken more seriously by the legislature and the (maximum punishment provided therein is imprisonment upto seven years).

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