Bharatiya Nyaya Sanhita, 2023
314. 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.
Dishonest misappropriation of property possessed by deceased
person at the time of his death.