Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter XVII · Of Offences Against Property
← Previous Section 314 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 314

Dishonest Misappropriation of Property

Section 314 punishes dishonestly misappropriating movable property, or converting it to your own use, even where you first came to have it innocently (for example by finding it, or in good faith believing it yours). Its two built-in Explanations deal with misappropriation for a time only and with the position of a finder of property.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. The concordance itself flags this mapping as changed, and comparing the two provisions' own punishment clauses confirms why: Section 314 is marked Substantively changed from its old IPC predecessor.

BNS 314CoversIPC, 1860 equivalentCategory
314Dishonest misappropriation of propertyS.403 “Dishonest misappropriation of property”Substantively changed

A word-by-word comparison shows that, apart from the punishment clause, the text of the definition, the two Explanations and the illustrations differs from old IPC Section 403 only in punctuation and small wording points (for example “belong”/“belongs”); none of these is read here as changing the definition of the offence. What changed is the punishment clause itself. IPC 403 read: “shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both” — a purely discretionary sentence, with no minimum term, and with a fine-only disposal available as a genuine alternative to imprisonment. BNS 314 reads: “shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years and with fine” — this removes that discretion at the bottom end by introducing a mandatory minimum of six months' imprisonment (which did not exist under IPC 403), and it makes the fine mandatory in addition to imprisonment rather than an alternative to it.

Quick Reference

Sourced from the First Schedule and Section 359 (Compounding of Offences) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Punishment: imprisonment of not less than 6 months but which may extend to 2 years, and fine.
Non-cognizable · Bailable · compoundable by the owner of the property misappropriated, without the court's permission · triable by any Magistrate.

Statutory Text (Verbatim)

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 which may extend to two years and with fine.

Illustrations.
(a) A takes property belonging to Z out of Z's possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
(c) A and B, being joint owners of a horse. A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.

Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.

Illustration.
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.

Explanation 2.—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.

What are reasonable means or what is a reasonable time in such a case, is a question of fact.

It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.

Illustrations.
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Criminal misappropriation is built around a timing point that distinguishes it from theft: the accused's original possession of the property is not itself dishonest. Under theft, the wrong lies in the very act of taking property out of someone else's possession without consent; under Section 314, the property is already with the accused — found, jointly owned, or taken in good faith — and the offence is committed only at the later moment the accused dishonestly appropriates it to their own use or converts it. The section's own illustrations (a)–(c) make this timing point explicit: taking a horse you jointly own to use it is not an offence, but selling it and pocketing the proceeds is; borrowing a friend's book with implied consent is not an offence, but later selling it for personal benefit is.

The section's two built-in Explanations extend this same logic to found property specifically. Explanation 1 confirms that even a temporary dishonest appropriation counts — you do not escape the offence merely by intending, at some point, to give the property back. Explanation 2 deals with a finder: a person who finds property not in the possession of any other person, and takes it for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly and commits no offence — but that innocence lasts only as long as the finder acts consistently with it. The moment the finder appropriates the property to their own use while knowing, or having the means of discovering, who the owner is, or before using reasonable means to find and notify the owner and keeping the property a reasonable time to allow a claim, the appropriation becomes dishonest and the offence is made out. What counts as “reasonable means” or a “reasonable time” is a question of fact, as the section itself says, and the Explanation adds that it is not necessary that the finder should know who the owner is; it is sufficient if, at the time of appropriating it, the finder does not believe it to be his own property, or in good faith believe that the real owner cannot be found.

Punishment under Section 314 is imprisonment of either description for a term of not less than six months and not more than two years, together with a mandatory fine — both the custodial term and the fine must be imposed; neither can be substituted for the other.

Illustration (Lexovia's Own Example)
Priya, a salaried employee, is accidentally credited an extra ₹40,000 by her employer's payroll system because of a processing error. She notices the mistake the same day it appears in her account statement, but says nothing to her employer or her bank, and over the following weeks withdraws and spends the money as her own. Priya's original possession of the ₹40,000 was entirely innocent — she did nothing to bring about the erroneous credit — but the moment she discovers the mistake and nonetheless appropriates the money to her own use instead of returning it, she commits an offence under Section 314. The wrong lies in the dishonest appropriation after she learns the money is not rightfully hers, not in the original, blameless receipt of it.
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

I found something that wasn't mine and kept it — is that automatically a crime?

Not automatically. Explanation 2 to Section 314 says that a person who finds property not in the possession of any other person, and takes it for the purpose of protecting it for, or restoring it to, the owner, does not take or misappropriate it dishonestly and is not guilty of an offence. The offence only arises once you appropriate the property to your own use while knowing (or having the means of discovering) who the owner is, or before making reasonable efforts to find and notify the owner and giving them a reasonable time to claim it.

What's the real difference between theft and criminal misappropriation?

Whether the property was ever taken out of someone else's possession without their consent. Theft requires that taking; criminal misappropriation under Section 314 does not — the accused already has the property without having taken it dishonestly (for example through a mistaken but good-faith taking, a find, or joint ownership, as the section's own illustrations show), and the offence lies instead in later, dishonestly deciding to keep it or use it as their own.

Does it matter how long I held onto the property before deciding to keep it?

No — Explanation 1 to Section 314 makes clear that even a dishonest appropriation “for a time only” is enough to constitute the offence. The Explanation's own illustration is a finder who pledges a note “intending at a future time to restore it” to the owner, and it says that finder “has committed an offence under this section”.

← Previous Section 314 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.