Section 314 BNS: Dishonest misappropriation of property
Bharatiya Nyaya Sanhita, 2023
Section 314 BNS at a Glance
Section 314 BNS deals with dishonest misappropriation of property. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 403 IPC on 1 July 2024.
Imprisonment of either description for a term which shall not be less than six months but which may extend to two years.
Section 314 BNS Bare Act Text
314. Dishonest misappropriation of property
Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years and with fine.
Illustrations(a) A takes property belonging to Z out of Z’s 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’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s 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 this section.
(c) A and B, being, joint owners of a horse. A takes the horse out of B’s 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.
Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.
IllustrationA 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 for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.
Explanation 2.—A person who finds property not in the possession of any other person, and takes 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.
Illustrations(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, 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 picks up the purse with the intention of restoring it to Z, but 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.
Source: Section 314, Bharatiya Nyaya Sanhita, 2023
Section 314 BNS in Simple Words
Section 314 of the Bharatiya Nyaya Sanhita (BNS) defines and punishes dishonest misappropriation of property. It applies to any person who dishonestly misappropriates or converts to their own use any movable property belonging to another, including cases where the initial taking was innocent or lawful, or where a joint owner sells common property and keeps the entire proceeds.
Whoever commits this offence shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, and with fine. Because the section specifies imprisonment and fine together, both a prison term of at least six months and a fine are mandatory parts of the sentence.
Two explanations clarify the scope of the section. Under Explanation 1, dishonestly misappropriating property even temporarily, such as pledging another person's note for a loan with the intent to restore it later, is an offence. Under Explanation 2, a finder who takes unattended property solely to protect or return it commits no offence, unless they appropriate it when they know or can discover the owner, or before using reasonable means to locate the owner and waiting a reasonable time.
Ingredients of Section 314 BNS
- Dishonest misappropriation or conversion to own use
- The property is movable property
- The property belongs to another person
- The accused appropriated it after obtaining or retaining it
- Even temporary dishonest use is enough
Punishment Under Section 314 BNS
Imprisonment of either description for a term which shall not be less than six months but which may extend to two years.
The offender shall also be punished with fine in addition to imprisonment.
Whoever dishonestly misappropriates or converts to their own use any movable property is punishable with imprisonment of either description for a term from six months up to two years and with fine.
Example of Section 314 BNS
When Section 314 BNS Does Not Apply
- A person takes property in good faith believing it is his own, and does not later dishonestly appropriate it
- A friend takes a book under the impression of the owner’s implied consent only for reading, and does not later sell or appropriate it
- A joint owner uses jointly owned property in exercise of his right to use it, without dishonestly appropriating it
- A finder takes lost property only to protect it or restore it to the owner, uses reasonable means to trace the owner, and keeps it for a reasonable time
Section 314 BNS in the IPC (Previous Law)
Section 314 BNS replaces Section 403 IPC from the old criminal code.
Section 403 IPC corresponds to Section 314 BNS. Section 314 BNS introduces a mandatory minimum sentence of six months imprisonment and makes fine mandatory alongside imprisonment, whereas Section 403 IPC provided for imprisonment up to two years, or fine, or both. The offence definition, Explanations, and Illustrations remain unchanged in substance.
View IPC Section 403 →FAQs on Section 314 BNS
What is dishonest misappropriation of property under Section 314 BNS?▼
Section 314 BNS covers dishonestly misappropriating or converting to your own use any movable property. It can apply even if the property was not taken by theft at first, but later you knowingly use, sell, pledge, or keep it for your own benefit dishonestly.
What does the police or court have to prove in a Section 314 BNS case?▼
They must show that the property was movable property and that the person dishonestly misappropriated it or converted it to his own use. The bare text also shows that good faith matters: if someone first took or found property believing it was his own, or only to protect or return it, the offence arises only if he later dishonestly keeps or uses it as his own.
What is the punishment under Section 314 BNS?▼
Section 314 BNS prescribes imprisonment of either description for a term not less than six months and which may extend to two years, and also fine. The exact sentence depends on the facts of the case.
If I find someone else's property and keep it, is that an offence under Section 314 BNS?▼
Yes, it can be, if you keep or use it for yourself when you know the owner or have the means to discover the owner, or before using reasonable means to find and notify the owner and keeping it for a reasonable time. If you take found property only to protect it or restore it to the owner, that is not dishonest misappropriation under Section 314 BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·