As per BNS Section 314 Dishonest misappropriation of property occurs when a person wrongfully takes or converts someone else’s movable property for their own use, knowing it does not belong to them. Under Section 314 of the Bharatiya Nyaya Sanhita (BNSS), this is recognized as a punishable criminal offence.
What is Criminal Misappropriations?
Criminal misappropriation refers to dishonestly taking or using movable property for personal gain, especially after coming into possession of it lawfully or accidentally. The key element is dishonest intent—either at the time of taking the property or developed later after realizing the true ownership.
Punishment for Misappropriation of Property As per BNS Section 314:
- Minimum imprisonment: 6 months
- Maximum imprisonment: Up to 2 years
- Additional penalty: Fine
- Nature of offence:
- Non-cognizable (police cannot arrest without a warrant)
- Bailable
- Triable by: Any Magistrate
Illustrative Examples of Dishonest Misappropriation
Example 1:
A mistakenly takes Z’s property believing it’s his own. Upon later realizing the mistake, he chooses to keep or use it. Since he continues to hold the property with dishonest intent, this amounts to criminal misappropriation.
Example 2:
A borrows a book from Z’s house thinking Z would allow it. Later, A sells the book for personal gain. Even though initial possession wasn’t dishonest, selling it for profit is misappropriation.
Example 3:
A and B jointly own a horse. A takes it for a ride—that’s lawful. But if A sells it and keeps all the proceeds, he commits an offence under this section.
Temporary Misappropriation is Also an Offence
Explanation 1 of Section 314 clarifies that even if the misappropriation is temporary, it still qualifies as criminal misappropriation.
Example 4:
A finds a government bond owned by Z. Even if A plans to return it later, if he pledges it as loan security, he is guilty under this section.
Misappropriation by Finders of Lost Property
Explanation 2 of Section 314 deals with those who find lost items. If a finder keeps property knowing or having the means to discover the owner—and doesn’t try to return it—it is treated as criminal misappropriation.
Examples 5:
- No offence: A finds a coin on the road with no way to trace the owner. Picking it up is not an offence.
- Offence: A finds a letter with a banknote and learns the owner’s name from it. If he keeps the money, it is misappropriation.
- Offence: A finds a bearer cheque and doesn’t try to identify the owner, even though it’s possible. Keeping it is a punishable offence.
- Offence: A watches Z drop his wallet, picks it up with good intent, but later decides to keep the money. This change in intent makes it a criminal act.
- Offence: A finds a purse, later finds out it belongs to Z, but still keeps it. This is also punishable.
- Offence: A finds a ring and sells it immediately without trying to return it. This too is a violation of the law.
Summary Of BNS Sec 314
- Misappropriation is not limited to theft or burglary—it can occur even when someone comes across property by mistake or accident.
- Dishonest intent is the main ingredient. If someone uses found property without trying to return it, they may face legal consequences.
- BNSS Section 314 protects rightful owners and discourages people from unlawfully profiting from lost or shared property.
