Section 403: Dishonest Misappropriation of Property
Definition: Whoever dishonestly misappropriates or converts any movable property to their own use
can be punished with up to two years of imprisonment, a fine, or both.
Illustrations:
1. Mistaken Ownership: A takes Z's property, believing it's his own. After realizing the mistake,
if A keeps the property for himself, he commits an offence.
2. Implied Consent: A takes a book from Z's library, thinking he has permission. If A later sells
the book for personal gain, he commits an offence.
3. Joint Ownership: A and B jointly own a horse. If A takes it to use, it’s not an offence. If A sells
the horse and keeps all proceeds, it’s an offence.
Explanation 1: Temporary dishonest misappropriation is also an offence.
Example: A finds Z's government promissory note and uses it as loan security with plans to return it
later. This is an offence.
Explanation 2: Finding and keeping property is not an offence if:
The finder intends to return it.
The finder tries to locate the owner and holds the property for a reasonable time.
Illustrations:
1. Rupee on the Road: A finds a rupee and picks it up, not knowing the owner. This is not an
offence.
2. Bank Note in Letter: A finds a letter with a bank note, learns the owner from the letter, and
keeps the note. This is an offence.
3. Bearer Cheque: A finds a bearer cheque, does not try to find the owner, and keeps it. This is
an offence.
4. Dropped Purse: A sees Z drop a purse and picks it up to return, but later decides to keep it.
This is an offence.
5. Found Purse: A finds a purse, later learns it belongs to Z, and keeps it. This is an offence.
6. Valuable Ring: A finds a valuable ring and sells it immediately without trying to find the
owner. This is an offence.
Section 404: Dishonest Misappropriation of Deceased Person's Property
Definition: Whoever dishonestly misappropriates property that was in the possession of a deceased
person and has not yet been claimed by a rightful owner can be punished with up to three years of
imprisonment, a fine, or both. If the offender was employed by the deceased as a clerk or servant,
the imprisonment may extend to seven years.
Illustration: A servant, A, takes money that was in Z's possession at the time of Z’s death before it is
claimed by a rightful owner. This is an offence.
Section 405: Criminal Breach of Trust
Definition: Anyone entrusted with property, or control over it, who dishonestly misappropriates,
converts, uses, or disposes of it in violation of any law or legal contract commits a "criminal breach of
trust."
Explanations:
1. Employer's Provident Fund Contributions: An employer who deducts contributions from
employees' wages for a Provident Fund or Family Pension Fund and fails to pay it to the fund
is deemed to have committed a criminal breach of trust.
2. Employees' State Insurance Contributions: Similarly, an employer who deducts
contributions for the Employees’ State Insurance Fund and fails to pay it to the fund is also
deemed to have committed a criminal breach of trust.
Illustrations:
1. Executor of a Will: A, the executor of a will, dishonestly disregards the will's directions and
uses the assets for himself. A commits criminal breach of trust.
2. Warehouse-Keeper: A, a warehouse-keeper, is entrusted with Z's furniture under a contract.
A dishonestly sells the furniture. A commits criminal breach of trust.
3. Agent Misusing Funds: A, an agent in Calcutta, is entrusted with money by Z, who instructs A
to invest it. A uses the money for his own business instead. A commits criminal breach of
trust.
4. Good Faith Investment: If A, believing it is better for Z, buys shares in the Bank of Bengal
instead of following Z's instructions, without dishonest intent, A does not commit criminal
breach of trust, though Z may suffer a loss and could sue A.
5. Revenue Officer Misappropriating Public Money: A, a revenue officer, is entrusted with
public funds and is required to deposit them in a treasury. A dishonestly keeps the money. A
commits criminal breach of trust.
6. Carrier Misappropriating Property: A, a carrier entrusted with Z's property for transport,
dishonestly keeps the property. A commits criminal breach of trust.
Section 415: Cheating
Definition: Cheating involves deceiving someone to fraudulently or dishonestly induce them to:
1. Deliver property to any person.
2. Consent to someone retaining property.
3. Do or omit to do something they wouldn’t otherwise do, causing or likely to cause harm to
their body, mind, reputation, or property.
Explanation: Hiding facts dishonestly is considered deception.
Illustrations:
1. False Identity: A pretends to be in the Civil Service and deceives Z into giving him goods on
credit, intending not to pay. A cheats.
2. Counterfeit Mark: A puts a fake mark on an item, making Z believe it's from a famous
manufacturer, leading Z to buy it. A cheats.
3. False Sample: A shows Z a fake sample, making Z believe the product matches the sample,
and induces Z to buy it. A cheats.
4. Worthless Payment: A pays Z with a bill from a house where he has no money, intending the
bill to be dishonored, and takes Z's goods. A cheats.
5. Fake Diamonds: A pledges fake diamonds as real ones to get a loan from Z. A cheats.
6. False Promise of Repayment: A deceives Z into believing he will repay a loan, intending not
to repay it. A cheats.
7. False Contract Intent: A deceives Z into advancing money by falsely promising to deliver
indigo plants. A cheats.
8. False Performance: A deceives Z into paying money by pretending he fulfilled a contract. A
cheats.
9. Double Sale: A sells property to B, then sells or mortgages it to Z without disclosing the first
sale. A cheats.
Section 416: Cheating by Personation
Definition: Cheating by pretending to be another person, substituting one person for another, or
representing someone as a different person, whether real or imaginary.
Illustrations:
1. Pretending to be a Rich Banker: A pretends to be a rich banker with the same name. A
cheats by personation.
2. Pretending to be a Deceased Person: A pretends to be B, a deceased person. A cheats by
personation.
Section 425: Mischief
Definition: Mischief occurs when a person intentionally or knowingly causes wrongful loss or damage
to any property, affecting its value or utility.
Explanations:
1. Intent Not Required: The offender doesn’t need to intend harm to the property owner; it's
enough to intend or know likely harm to anyone by damaging property.
2. Self or Joint Property: Mischief can involve property owned by the offender or jointly with
others.
Illustrations:
1. Burning a Valuable Document: A burns Z’s valuable security to cause Z loss. A commits
mischief.
2. Melting Ice: A causes Z’s ice to melt, intending to cause Z loss. A commits mischief.
3. Throwing a Ring in a River: A throws Z’s ring into a river, intending to cause Z loss. A commits
mischief.
4. Destroying Property to Avoid Debt: A destroys his own property to prevent Z from satisfying
a debt. A commits mischief.
5. Sinking an Insured Ship: A sinks his insured ship to cause loss to the insurers. A commits
mischief.
6. Damaging a Borrowed Ship: A sinks a ship to cause loss to Z, who lent money on the ship. A
commits mischief.
7. Destroying Joint Property: A kills a jointly owned horse to cause Z loss. A commits mischief.
8. Damaging Crops: A causes cattle to damage Z’s crop, intending or knowing likely damage. A
commits mischief.
Section 426: Punishment for Mischief
Whoever commits mischief can be punished with up to three months of imprisonment, a fine, or
both.
Section 427: Mischief Causing Damage of Fifty Rupees or More
If mischief causes damage of fifty rupees or more, the punishment can be up to two years of
imprisonment, a fine, or both.
Section 441: Criminal Trespass
Definition: Entering or staying on someone else's property with intent to commit an offense
or to intimidate, insult, or annoy the person in possession.
Section 442: House-Trespass
Definition: Entering or staying in any building, tent, or vessel used as a dwelling, place of
worship, or place for storing property, with intent to commit criminal trespass.
Note: Entering any part of the body is sufficient for house-trespass.
Section 443: Lurking House-Trespass
Definition: Committing house-trespass while taking precautions to hide from someone with
the right to exclude or eject the trespasser.
Section 444: Lurking House-Trespass by Night
Definition: Committing lurking house-trespass between sunset and sunrise.
Section 445: House-Breaking
Definition: Committing house-trespass by:
1. Making or using a passage not intended for entry.
2. Scaling or climbing over barriers.
3. Using a means not intended for opening a passage.
4. Opening a lock.
5. Using force or threats.
6. Unfastening a secured passage.
Illustrations
Making a hole in a wall to enter.
Entering through a porthole in a ship.
Climbing through a window.
Opening a fastened door.
Using a wire to lift a latch.
Using a found key to unlock a door.
Forcing entry by knocking down or threatening someone
Section 446: House-Breaking by Night
Definition: Committing house-breaking after sunset and before sunrise.
Punishments
Section 447: Criminal Trespass - Up to 3 months imprisonment, fine up to 500 rupees, or
both.
Section 448: House-Trespass - Up to 1 year imprisonment, fine up to 1,000 rupees, or both.
Section 449: House-Trespass to Commit Offense Punishable with Death - Life imprisonment
or rigorous imprisonment up to 10 years, and fine.
Section 450: House-Trespass to Commit Offense Punishable with Life Imprisonment -
Imprisonment up to 10 years, and fine.
Section 451: House-Trespass to Commit Offense Punishable with Imprisonment -
Imprisonment up to 2 years, and fine; up to 7 years if the offense is theft.
Section 452: House-Trespass with Preparation for Hurt, Assault, or Restraint - Imprisonment
up to 7 years, and fine.
Section 453: Lurking House-Trespass or House-Breaking - Imprisonment up to 2 years, and
fine.
Section 454: Lurking House-Trespass or House-Breaking to Commit Imprisonable Offense -
Imprisonment up to 3 years, and fine; up to 10 years if the offense is theft.
Section 455: Lurking House-Trespass or House-Breaking with Preparation for Hurt, Assault,
or Restraint - Imprisonment up to 10 years, and fine.
Section 456: Lurking House-Trespass or House-Breaking by Night - Imprisonment up to 3
years, and fine.
Section 457: Lurking House-Trespass or House-Breaking by Night to Commit Imprisonable
Offense - Imprisonment up to 5 years, and fine; up to 14 years if the offense is theft.
.
