Dishonest Misappropriation of a Deceased Person’s Property Under the BNS (Section 315): IPC 404 Mapping (2026)

Explainer · BNS · Offences Against Property

Updated for 2026 · Claw Editorial

When a person dies, there is often a gap between the death and the moment the legal heirs take charge of the property. In that gap, a servant, a caretaker, or anyone with access can quietly take money or goods the deceased held. Indian criminal law treats this as a distinct, aggravated offence. Since 1 July 2024 the Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code (IPC), and dishonest misappropriation of a deceased person’s property, the old Section 404 of the IPC, is now Section 315 of the BNS. This explainer sets out what the section says, the old-to-new mapping, the punishment, and whether the offence is cognizable and bailable. Last verified October 2026.

01The problem: property with no one in charge

At death, a person’s property does not pass to the heirs in an instant. There is a period, sometimes short, sometimes long, when cash, jewellery, or goods sit with whoever was near the deceased. The law recognises that this is a moment of special temptation, and that the usual victim, the owner, is no longer there to protect the property.

Section 315 of the BNS is built for this gap. It punishes anyone who dishonestly takes for their own use property that the deceased possessed at death, before a person legally entitled to it has taken possession. It is an aggravated form of criminal misappropriation, with a higher punishment, because the circumstances make the dishonesty worse.

Dishonest misappropriation of a deceased person’s property is now Section 315 of the BNS, the old Section 404 of the IPC. It targets theft in the gap before the heirs take charge.

02What Section 315 says

Section 315 of the BNS punishes whoever dishonestly misappropriates or converts to their own use property, knowing that the property was in the possession of a deceased person at the time of that person’s death, and that it has not since come into the possession of any person legally entitled to it. The key ideas are:

• The property was in the deceased’s possession at death.
• It has not yet come to a person legally entitled, such as an heir or an administrator.
• The accused dishonestly takes it or uses it as their own.

An illustration to the section describes a servant who keeps for himself the money of his late employer before the heirs can take it. That is the typical case the section is meant to catch.

03The old-to-new mapping

The mapping is a direct, one-to-one carry-over of the offence to a new number.

So a person searching for "section 404 ipc in bns" is looking for Section 315 of the BNS. A charge drawn today uses Section 315, while older authorities are indexed under Section 404 of the IPC, so a full search covers both.

04Punishment and classification

Section 315 sets two levels of punishment, depending on who the offender is.

• General case: imprisonment of either description up to three years, and a fine.
• If the offender was the clerk or servant of the deceased at the time of death: imprisonment up to seven years, and a fine.

On classification, the offence is non-cognizable, so the police generally need a Magistrate’s order before they investigate. It is bailable, so the accused can usually be released on bail as of right. It is triable by a Magistrate of the first class.

05What changed, and a note on the number

The substance of the offence is carried over from Section 404 of the IPC with little change. The two tiers, the general three-year limit and the heavier seven-year limit for a clerk or servant, are preserved, and the dishonesty and possession ingredients are the same. So case law under Section 404 still guides how Section 315 is read.

One point needs care. The BNS renumbered the whole property chapter, so the old Section 404 did not keep its number, and it did not become Section 313. In the BNS, Section 313 is a different offence about belonging to a gang of robbers, and Section 315 is the misappropriation of a deceased person’s property. Always confirm the section by its text, not by a remembered number. For the wider renumbering, see how the BNS changed the IPC.

06Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A charge of misappropriating a deceased person’s property often runs alongside a family or estate dispute, so you may be reading the criminal matter and a civil succession suit side by side. Claw lets you search more than 30 crore judgments in under five seconds, reaching Supreme Court rulings back to 1950 and High Court rulings back to 1990, so you can gather authorities under both Section 315 of the BNS and the old Section 404 of the IPC, including the decisions on the clerk and servant limb. You can also follow a live matter under this section, with its orders and hearings, by party or advocate name across 9,102 courts, benches and forums. Set up a free Claw account to trace Section 315 rulings and watch your own estate-linked matter. For the wider view, see case search across Indian courts.

Claw does not file a case or give legal advice, and it does not use customer case documents to train its AI models.

07Sources and further reading

• India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• BNS Section 315 (reference text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.

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