Section 315 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed, well-supported breakdown of Section 315 of the Bharatiya Nyaya Sanhita, 2023 (BNS), under Chapter XVII – Offences Against Property:
🏷️ Section 315 – Dishonest Misappropriation of Property of a Deceased Person
⚖️ Offence
This section criminalizes the dishonest misappropriation or conversion to one’s own use of any movable property that:
Was in the possession of a person who has died, and
Has not yet been legally received by any person entitled to it post-death. (sudhirrao.com)
🛡️ Punishment
General cases:
Imprisonment (simple or rigorous) up to 3 years,
Fine,
Or both.
Aggravated cases (if the offender was a clerk or servant of the deceased at the time of death):
Imprisonment may extend up to 7 years,
Fine,
Or both. (sudhirrao.com)
🔍 Key Legal Elements
Possession at Time of Death
The property must belong to the deceased at their death and not handed over to any lawful heir or executor.
Dishonesty
The offender must act with the intent to deceive and wrongfully profit from the property.
Role-Based Aggravation
Elevated punishment applies if the misappropriator held a position of trust (e.g., clerk, servant) with the deceased.
📝 Example
If Z passes away owning cash and furniture, and their servant A takes money before the rightful heir claims it, A commits an offence under Section 315. If A has that trusted position, they face up to 7 years in prison. (sudhirrao.com)
🧩 Why It Matters
Protects inheritance rights: Guards against opportunistic seizures during vulnerable post-death periods.
Stresses fiduciary duties: Holds clerks and servants to a higher standard by imposing steeper penalties.
Aligns with legacy law: Replaces the old IPC Section analogous to "dishonest misappropriation of property lodged in trust." (thelegalquotient.com)
📋 Summary Table
| Element | Details |
|---|---|
| Offence | Dishonestly taking property belonging to the deceased |
| General Punishment | Up to 3 yrs imprisonment + fine (or both) |
| If clerk/servant involved | Up to 7 yrs imprisonment + fine (or both) |
| Key mental state | Dishonest intent to convert property |
| Cognizability / Bail | Cognizable, bailable, magistrate-level trial (implied) |
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