IPC Section 340
IPC Section 340: Wrongful Retention of Property Taken by Mistake or Tort
Text of Section 340 IPC:
"Whoever, having received by mistake any movable property, and having been entrusted with it, fraudulently or dishonestly misappropriates or converts to his own use that property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
Explanation:
Section 340 IPC deals with a situation where a person receives movable property by mistake and then dishonestly keeps or uses it as their own. This is considered a criminal offense because the person has wrongfully retained property that they were supposed to return or hand over to the rightful owner.
Key Elements:
Movable Property:
The property involved must be movable, such as money, goods, or personal belongings.
Received by Mistake:
The person comes into possession of the property not intentionally or lawfully, but due to a mistake (e.g., someone hands over money or goods by error).
Entrusted With the Property:
The property was given or entrusted to the person (even if by mistake) with the expectation that it will be returned or handled properly.
Fraudulent or Dishonest Misappropriation or Conversion:
The key factor is that the person dishonestly or fraudulently uses or keeps the property for their own benefit.
This means they intend to permanently deprive the rightful owner of the property.
Punishment:
Imprisonment (rigorous or simple) for up to 2 years.
Or fine.
Or both.
Illustrative Examples:
If a cashier mistakenly gives you Rs. 1,000 extra, and you knowingly keep that extra amount without informing the cashier, it amounts to wrongful retention.
Receiving a parcel or package by mistake and selling it or using it without attempting to return it.
If someone mistakenly transfers money into your bank account and you withdraw it with the intention to keep it.
Objective of Section 340:
To prevent people from taking advantage of mistakes involving movable property.
To encourage the return of property received unintentionally or by error.
To punish dishonest acts where a person converts another’s property for their own use without legal right.
Summary:
Offense: Wrongfully retaining movable property received by mistake.
Nature: Dishonest or fraudulent misappropriation.
Punishment: Up to 2 years imprisonment, or fine, or both.
Purpose: Protect rightful ownership and discourage dishonest retention of property.
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