Section 315 BNS: Dishonest Misappropriation Of Property Possessed By Deceased Person At The Time Of His Death

Table of Contents

Section 315 BNS | BNS 315

Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

Illustration

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

READ OTHER SECTIONS OF CHAPTER XVII — OF OFFENCES AGAINST PROPERTY

Section No.	Section Title
	Of Theft
303	Theft.
304	Snatching.
305	Theft in a dwelling house, or means of transportation or place of worship, etc.
306	Theft by clerk or servant of property in possession of master.
307	Theft after preparation made for causing death, hurt or restraint in order to committing of theft.
	Of Extortion
308	Extortion.
	Of Robbery And Dacoity
309	Robbery.
310	Dacoity.
311	Robbery, or dacoity, with attempt to cause death or grievous hurt.
312	Attempt to commit robbery or dacoity when armed with deadly weapon.
313	Punishment for belonging to gang of robbers, etc.
	Of Criminal Misappropriation Of Property
314	Dishonest misappropriation of property.
315	Dishonest misappropriation of property possessed by deceased person at the time of his death.
	Of Criminal Breach Of Trust
316	Criminal breach of trust.
	Of Receiving Stolen Property
317	Stolen property.
	Of Cheating
318	Cheating.
319	Cheating by personation.
	Of Fraudulent Deeds And Dispositions Of Property
320	Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
321	Dishonestly or fraudulently preventing debt being available for creditors.
322	Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
323	Dishonest or fraudulent removal or concealment of property.
	Of Mischief
324	Mischief.
325	Mischief by killing or maiming animal.
326	Mischief by injury, inundation, fire or explosive substance, etc.
327	Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
328	Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
	Of Criminal Trespass
329	Criminal trespass and house-trespass.
330	House-trespass and hous-ebreaking.
331	Punishment for house-trespass or house-breaking.
332	House-trespass in order to commit offence.
333	House-trespass after preparation for hurt, assault or wrongful restraint.
334	Dishonestly breaking open receptacle containing property.

Read all the chapters of the Bharatiya Nyaya Sanhita 2023

FAQs of BNS Section 315

315 BNS punishment and fine

Punishment and fine under Section 315 of the BNS: Imprisonment for 3 years and fine.
If by clerk or person employed by deceased: Imprisonment for 7 years.
315 BNS cognizable or not

The offence under Section 315 of the BNS is non-cognizable.
315 BNS bailable or not

The offence under Section 315 of the BNS is bailable.
315 BNS trial court

Offence specified in Section 315 of the BNS is triable by the Magistrate of the first class.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).