Section 314 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 314 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XVII – Offences Against Property:
🧾 Section 314 – Dishonest Misappropriation of Property
📜 Statutory Text:
“Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but may extend to two years, and with fine.”
(sudhirrao.com)
🔍 Key Elements
Actus Reus:
Misappropriating or converting the lawful movable property of someone else for one’s own use.
Mens Rea (Fault):
The act must be done dishonestly, meaning with intent to deprive or without right.
Sentencing Range:
Minimum: 6 months’ imprisonment.
Maximum: 2 years’ imprisonment.
Also liable to fine.
(myjudix.com, azbpartners.com)
💡 Illustrations
Finding property and then deciding to keep it once realizing it doesn’t belong to you (e.g., a necklace or ID-labeled item).
Borrowing an item and later appropriating it permanently, such as a laptop sold after project use.
Switching a book taken from a friend’s library into one’s own possession without permission—even if originally taken under mistaken belief.
These scenarios align directly with Section 314’s examples.
⚖️ Practical Implications
| Aspect | Details |
|---|---|
| Nature of Offence | Not theft (which requires trespass) but misappropriation with dishonest intent |
| Minimum Jail Term | 6 months – ensures light misappropriation doesn’t escape punishment |
| Maximum Penalty | 2 years’ imprisonment and a fine |
| Typical Offenders | Covers finders, borrowers, co‑owners, caretakers — any who dishonestly appropriate property |
🧭 Comparison with IPC
While the old IPC didn’t have a direct equivalent, its Section 405 (Criminal Breach of Trust) was conceptually similar but triggered differently.
The BNS elevates misappropriation into its own offence with clear sentencing (6 mo–2 yr) and fine, streamlining legal framing.
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