IPC Section 440
IPC Section 440 – Misappropriation of Property in Possession of a Person by Reason of His Office or Employment
This section deals with someone who dishonestly takes or misuses property that is in someone else’s custody because of their job or position.
Text in simple terms:
If a person has property in their possession because of their office, employment, or role, and they dishonestly misappropriate it, they can be punished under this section.
Key Elements of the Offence:
Property in Possession by Office or Employment:
The property must be in the hands of a person due to their official position or employment.
Examples: Cash in a cashier’s hands, goods in a shop assistant’s custody, or documents held by an employee.
Dishonest Misappropriation:
The person must dishonestly use or take the property for their own benefit or someone else’s benefit, without permission.
Knowledge and Intention:
The offender knows that the property is not theirs and still takes or misuses it.
Punishment:
Imprisonment up to 2 years, or
Fine, or
Both.
Examples:
Example 1:
A cashier receives money for the company but takes some of it for personal use.
This is misappropriation under Section 440.
Example 2:
An office clerk is entrusted with important documents and sells them for profit.
This also falls under Section 440 IPC.
Important Notes:
Section 440 is related to Sections 405 and 406 IPC:
Section 405 IPC: Criminal breach of trust in general.
Section 406 IPC: Punishment for criminal breach of trust.
Section 440 IPC: Special case where property is held due to office or employment.
✅ In summary:
Section 440 IPC punishes dishonest misappropriation of property by someone who holds it because of their job or position.
Punishment: up to 2 years imprisonment, fine, or both.
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