Indian Penal Code, 1860
Section 404
repealedDishonest 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.
Why this exists
This section addresses a specific and often exploited situation, someone dishonestly taking or using property left behind by a person who has recently died, before it reaches the rightful heirs or legal representatives. It exists to protect the property of the deceased during the vulnerable period right after death, when family members may not yet be aware of everything the deceased owned, and to punish more severely those who abuse a position of trust as a servant or clerk of the deceased to seize such property. A similar provision protecting a deceased person's property continues under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code in 2024.