IPC Section 400
IPC Section 400 – Criminal Misappropriation of Property
Purpose
This section deals with criminal misappropriation of property. It punishes a person who dishonestly misappropriates property belonging to someone else, but the act does not amount to criminal breach of trust under Sections 405/406.
Provision
Whoever dishonestly misappropriates or converts for his own use any movable property,
Which belongs to another person,
Shall be punished as per law.
Note: Section 400 IPC is often read with Section 405 IPC (criminal breach of trust) because misappropriation may escalate to criminal breach of trust if the property was entrusted.
Key Points
Property must belong to another person.
Dishonest intention is essential.
The act may not always involve trust—if it does involve trust, then Section 405/406 applies.
Punishment varies depending on the value of property and context, often treated as a cognizable offence.
Example
A person takes someone else’s mobile phone from a public place intending to keep it.
If the phone was not entrusted to him, it is misappropriation under Section 400 IPC.
If it was entrusted to him for safekeeping and he keeps it for himself, then it becomes criminal breach of trust (Section 406 IPC).
In Short
Section 400 IPC punishes dishonest misappropriation of property.
Focus is on taking or converting property dishonestly.
Difference with Section 406: Section 406 applies when property is entrusted; Section 400 applies when there is no prior trust relationship.
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