Section 315 BNS: Dishonest misappropriation of property possessed by deceased person at the time of his death

Bharatiya Nyaya Sanhita, 2023

Section 315 BNS at a Glance

Section 315 BNS deals with dishonest misappropriation of property possessed by deceased person at the time of his death. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 404 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to three years; if the offender at the time of such person's decease was employed by him as a clerk or servant, imprisonment of either description for a term which may extend to seven years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 404 →

Section 315 BNS Bare Act Text

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

Whoever dishonestly misappropriates or converts to his own use any 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.

Source: Section 315, Bharatiya Nyaya Sanhita, 2023

Section 315 BNS in Simple Words

Section 315 of the Bharatiya Nyaya Sanhita (BNS) deals with the dishonest misappropriation or conversion of property that was in the possession of a deceased person at the time of death, before it comes into the possession of someone legally entitled to it. The law protects a deceased person's estate during the vulnerable gap between death and the time when legal heirs, executors, or administrators take charge of the property. If a person knows the property was in the deceased person's possession at the time of death and has not yet reached a legally entitled person, dishonestly taking or converting it is a punishable offence.

The section provides a stricter punishment if the offender was employed by the deceased person as a clerk or servant at the time of death, because such employees often have immediate access to household or business property. While an ordinary offender faces imprisonment of either description for up to three years and is also liable to fine, a clerk or servant faces imprisonment of up to seven years.

Ingredients of Section 315 BNS

  • Dishonestly misappropriating or converting to own use any property known to have been in the possession of a deceased person at decease before a legally entitled person takes possession
  • Punishment of imprisonment of either description up to three years and liability to fine, extending to seven years and liability to fine if committed by a clerk or servant

Punishment Under Section 315 BNS

Imprisonment

Imprisonment of either description for a term which may extend to three years; if the offender at the time of such person's decease was employed by him as a clerk or servant, imprisonment of either description for a term which may extend to seven years.

Fine

Liable to fine under both limbs; the section does not prescribe a mandatory fine or fix a maximum amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Dishonest misappropriation of property possessed by a deceased person at decease carries imprisonment up to three years and liability to fine, extending to seven years and liability to fine if committed by a clerk or servant.

Example of Section 315 BNS

After Mohan died at his residence in Bhopal, his domestic servant Dinesh discovered twenty thousand rupees in cash and a gold ring in Mohan's bedroom safe. Dinesh knew that the cash and jewellery were in Mohan's possession at the time of his decease and that no legal heir, executor, or administrator legally entitled to the estate had yet taken possession. Before Mohan's son arrived to take charge of the property, Dinesh took the money and ring and converted them to his own use. Dinesh has committed dishonest misappropriation under Section 315 BNS, and because Dinesh was employed as a servant by Mohan at the time of Mohan's decease, the enhanced term of imprisonment extending up to seven years applies.

When Section 315 BNS Does Not Apply

  • The property was not in the possession of the deceased person at the time of that person's decease
  • The property had already come into the possession of an heir, executor, or other person legally entitled to such possession after the deceased person's decease
  • The accused did not misappropriate the property or convert it to his own use, or acted without dishonest intention under a bona fide belief of entitlement
  • The accused acted without knowledge that the property had been in the deceased person's possession at decease or that no person legally entitled had yet obtained possession

Section 315 BNS in the IPC (Previous Law)

Section 315 BNS replaces Section 404 IPC from the old criminal code.

Section 404 IPC corresponds to Section 315 BNS. The Bharatiya Nyaya Sanhita re-enacts the offence with one verbal alteration: the word any is inserted before property in the opening sentence. The substantive legal elements, the two tiers of punishment providing imprisonment of either description up to three years or up to seven years for a clerk or servant, discretionary liability to fine, and the single statutory illustration are preserved without change.

View IPC Section 404 →

FAQs on Section 315 BNS

When does Section 315 BNS apply to a deceased person's property?▼

It applies when property was in the possession of a deceased person at the time of death and has not yet come into the possession of any person legally entitled to it, and the accused dishonestly misappropriates or converts it knowing these facts.

Why is the punishment higher for a clerk or servant under Section 315 BNS?▼

A clerk or servant employed by the deceased at the time of death often has direct access to the deceased person's belongings before legal heirs or executors can take charge. Because of this position of trust, the maximum imprisonment increases from three years to seven years, along with liability to fine.

Under Section 315 BNS, is a relative or staff member liable if they simply keep the deceased person's property safe for the heirs?▼

No. Securing the belongings in good faith for the rightful heirs or acting under a genuine belief of entitlement is not an offence. The prosecution must prove dishonest misappropriation or conversion to one's own use.

Does Section 315 BNS apply if property is taken after the legal heir has already taken possession?▼

No. Once an heir, executor, or other legally entitled person has taken possession of the property after the death, this specific section no longer applies. Any dishonest taking or misappropriation after that point is dealt with under the general offences of theft or misappropriation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·