Introduction of 315 BNS
315 BNS of the Bharatiya Nyaya Sanhita safeguards the property of deceased persons from dishonest misappropriation. It applies when someone unlawfully takes or converts property that belonged to a deceased individual at the time of death, before it is passed on to the legal heirs or authorized persons. The law is stricter if the offense is committed by an employee of the deceased, such as a clerk or servant, recognizing the breach of trust involved. By protecting the rights of heirs and ensuring fair transfer of property, this section upholds justice and accountability.
The Bharatiya Nyaya Sanhita (BNS) Section 315 replaces the old Indian Penal Code (IPC) Section 404.
What is BNS Section 315 ?
BNS Section 315 addresses the dishonest misappropriation of property belonging to a deceased person. It applies when someone intentionally takes or uses such property for their own benefit before it has been lawfully transferred to the rightful heir or an authorized person. This section includes stricter penalties if the offender is an employee, such as a clerk or servant, of the deceased.
Under Section 315 of the bns act 2023
Whoever dishonestly misappropriates or converts to his own use any movable property which was in the possession of a deceased person at the time of his death, before such property comes into the possession of any person entitled to it as legal heir or representative, shall be punished with imprisonment up to three years, or with fine, or with both.
If the offender is a clerk, servant, or employee of the deceased, the punishment may extend to seven years and fine.
1. Meaning of Dishonest Misappropriation of Deceased Person’s Property
This section criminalizes the dishonest taking, using, or converting of property that belonged to a deceased person at the time of death.
- The property may include cash, jewelry, documents, or any movable assets.
- The offense occurs before the property is legally handed over to the rightful heirs or executor.
- The law ensures that no one exploits the vulnerability created by someone’s death.
2. Who is Covered?
- General Individuals → Anyone who misappropriates property of a deceased person.
- Employees (Clerks/Servants) → Specially covered due to the breach of trust. Punishment is harsher.
- Family Business Staff → Employees working under the deceased who misuse business funds after death.
3. Nature of the Offense
- Bailable → The accused can apply for bail.
- Non-Cognizable → Police cannot arrest without the Magistrate’s order.
- Non-Compoundable → The matter cannot be settled privately; it must go through the court.
- Triable By → Magistrate of the First Class.
4. Examples of BNS Section 315
Example 1 – Servant Misappropriation
A servant of a deceased person takes gold ornaments from the deceased’s locker before they are handed over to the heirs. → Guilty under Section 315.
Example 2 – Clerk in Family Business
A clerk of a deceased businessman withdraws money from the company account after the owner’s death and keeps it. → Guilty under Section 315 with enhanced punishment.
5. Punishment under BNS Section 315
- General Offenders → Up to 3 years’ imprisonment, or fine, or both.
- Employees of the Deceased (clerks/servants) → Up to 7 years’ imprisonment and fine.
6. Importance of BNS Section 315
- Protects the property of deceased persons until it is transferred legally.
- Safeguards the rights of heirs and family members.
- Prevents servants, clerks, or employees from exploiting their trusted position.
- Ensures fairness and accountability in inheritance matters.
Section 315 BNS Overview
This section punishes individuals who dishonestly misappropriate or convert for personal use the property of a deceased person. It ensures that the property of the deceased is safeguarded until it is handed over to the rightful owner or executor. If the offense is committed by a trusted employee, such as a servant, the punishment is more severe.
10 Key Points About BNS Section 315
1. Applicability of the Section
This section applies only in cases where a person takes or misuses the property of someone who has recently died. The property could be cash, jewellery, documents, or any asset that belonged to the deceased at the time of death. Importantly, the property must not yet be in the hands of the legal heirs, executor of the will, or a court-appointed administrator. Until it is legally handed over, it is considered to be under protection of law, and anyone who takes advantage of this situation becomes guilty under this section.
2. Key Offense
The main crime under this section is dishonest misappropriation. This means that a person, knowing well that the property belonged to the deceased, wrongfully uses it for their own benefit. It does not matter whether the property was stolen in secret or openly used; if the act was dishonest and without legal rights, it qualifies as misappropriation. For example, taking money from the deceased’s locker for personal use instead of waiting for the heirs to receive it is covered under this offense.
3. Importance of Intent
The law focuses heavily on intention. To be guilty under this section, the offender must know that the property belongs to the deceased and still choose to use it dishonestly. If a person takes property mistakenly, thinking it already belongs to them, the act may not fall under this section. However, if the person knowingly misuses the property with dishonest intent, it becomes a punishable crime. Thus, proving intent is crucial for conviction under Section 315.
4. Enhanced Punishment for Employees
If the offender is someone who worked closely with the deceased — such as a clerk, servant, or employee — the law treats it as a more serious matter. These people are placed in positions of trust, and misusing that trust after the employer’s death is considered a grave betrayal. To discourage such acts, the punishment for employees or servants is kept stricter. This ensures accountability and also protects the interests of grieving families from betrayal by those they trusted most.
5. Standard Punishment
For general offenders (people who are not employees of the deceased), the punishment is lighter compared to employees. The law prescribes imprisonment of up to three years, or a fine, or both. The court decides the exact sentence based on the seriousness of the misappropriation, the value of the property taken, and the circumstances of the case. This balance ensures that punishment is fair but still strong enough to discourage unlawful actions.
6. Punishment for Employees
When the offender is a servant, clerk, or any trusted worker of the deceased, the punishment can extend up to seven years of imprisonment. This is more than double the standard punishment. The law makes this distinction because such employees had direct access to the property and were expected to protect it, not misuse it. The betrayal of trust makes the crime more severe, and therefore, the punishment is harsher.
7. Classification of the Offense
The offense under Section 315 is non-cognizable, which means police cannot directly arrest the accused without approval from a magistrate. This gives a level of judicial control before an arrest is made. It is also bailable, meaning the accused has the right to be released on bail once they provide surety. These classifications show that while the offense is serious, it is not treated as a violent or highly dangerous crime.
8. Non-Compoundable Nature
This crime cannot be settled privately between the offender and the legal heirs. Even if the heirs forgive the offender or agree to take back the property, the case must go through the court process. The non-compoundable nature ensures that offenders are not allowed to escape legal consequences by simply negotiating outside court. It protects the rule of law and ensures justice is carried out officially.
9. Trial Jurisdiction
Cases under this section are handled by a Magistrate of the First Class. This level of magistrate has the authority to handle offenses that involve punishments of up to seven years. This ensures that cases are tried by an experienced judicial officer who can fairly examine evidence, consider the role of trust, and decide on proper punishment. It also makes sure that proceedings remain efficient and accessible.
10. Protection for Legal Heirs
The most important purpose of this law is to safeguard the property of the deceased for their rightful heirs or executor. When someone dies, families are already in a vulnerable emotional state. This section ensures that no one, especially trusted employees or outsiders, takes advantage of the delay in transferring property. It provides legal protection so that heirs can receive the property as per law, without interference or dishonest misappropriation.
Example of BNS Section 315
Example 1: Dishonest Misappropriation by a Servant
Scenario:
Mr. Ramesh Sharma, a wealthy businessman, passes away, leaving behind valuable assets, including cash and property. Mr. Ramesh’s servant, Mr. Ravi Yadav, knowing that these assets belonged to Mr. Ramesh and were not yet claimed by his heirs, secretly took ₹5 lakhs from the deceased’s locker. Before the money could be transferred to his legal heirs, Ravi converted it to his personal use. In doing so, Ravi committed the offense under BNS Section 315, as he dishonestly misappropriated the deceased’s property without lawful entitlement.
Legal Consequences:
Due to Ravi’s breach of trust and dishonest behavior, he could be imprisoned for up to 7 years, along with the possibility of a fine.
Example 2: Dishonest Misappropriation by an Employee in a Family Business
Scenario:
Ms. Priya Verma worked as a clerk in the family business of Mr. Ashok Gupta. When Mr. Ashok passed away, his assets, including cash and business papers, remained unclaimed by his heirs. Priya, knowing these details, secretly withdrew ₹10 lakhs from the business account and transferred the funds to her personal account. Since Ashok’s property had not yet been transferred to any heir, Priya committed an offense under BNS Section 315, as she dishonestly took property that was in the possession of the deceased person at the time of death.
Legal Consequences:
Priya could face imprisonment of up to 3 years and would also be required to pay a fine.
BNS 315 Punishment
- General Punishment:
- Imprisonment: Up to 3 years.
- Fine: Amount determined by the court.
- Nature: Non-cognizable and bailable.
- Punishment for Clerks/Servants:
- Imprisonment: Up to 7 years (stricter penalty for those employed by the deceased).
- Nature: Non-cognizable and bailable.
BNS 315 bailable or not ?
BNS Section 315 is a bailable offense, meaning the accused has the right to apply for bail and be released upon meeting the conditions set by the court.
Comparison: BNS Section 315 vs IPC Section 404
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 315 | Dishonest misappropriation or conversion to one’s own use of movable property which was in the possession of a deceased person at the time of death (before it passes to legal heirs). | General offenders: Imprisonment up to 3 years, or fine, or both. Clerk/servant/employee of deceased: Imprisonment up to 7 years, and fine. | Bailable | Non-Cognizable | Magistrate of the First Class |
| IPC Section 404 (Old) | Dishonest misappropriation or conversion to one’s own use of movable property which was in the possession of a deceased person at the time of death (older IPC wording). | Imprisonment which may extend to 2 years, or with fine, or with both. | Bailable | Non-Cognizable | Magistrate of the First Class |
| Note: | |||||
BNS Section 315 FAQs
1. What is the purpose of BNS Section 315?
BNS Section 315 aims to protect the property of a deceased person from being dishonestly misappropriated or used by others. When someone dies, their property may not immediately pass to the rightful owner or heirs. This section ensures legal accountability for anyone who takes advantage of this situation by dishonestly using or converting the deceased’s property for their personal gain.
2. What type of property is covered under BNS Section 315?
The section applies to movable property that was in the possession of the deceased at the time of their death. This includes items such as money, jewelry, vehicles, or personal belongings.
3. What is the punishment under BNS Section 315?
Punishment:
For employees like clerks or servants of the deceased: Imprisonment up to seven years and a fine. For general offenders: Imprisonment up to three years and a fine.
4. Is the offense under BNS Section 315 bailable or non-bailable?
The offense is classified as bailable. This means that the accused has the right to apply for bail, and it can be granted by the court.
5. How is the offense under BNS Section 315 tried in court?
The offense is non-cognizable, non-compoundable, and tried by a Magistrate of the First Class.
Conclusion
BNS Section 315 plays a vital role in preventing the misuse of property belonging to deceased persons. It ensures that such assets remain protected until they are lawfully transferred to heirs or authorized individuals. By prescribing up to three years’ imprisonment for general offenders and up to seven years for employees of the deceased, the law emphasizes accountability and trust. This section safeguards the rights of families during vulnerable times and prevents exploitation by those seeking personal gain.
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Finished with BNS 315 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Of Criminal Breach of Trust.
- 316 BNS : Criminal breach of trust.
- https://marriagesolution.in/bns_section/316-bns/
Of Receiving Stolen Property.
- 317 BNS : Stolen property.
- https://marriagesolution.in/bns_section/317-bns/
Of Cheating.
- 318 BNS : Of Cheating .
- https://marriagesolution.in/bns_section/318-bns/
- 319 BNS : Cheating by personation.
- https://marriagesolution.in/bns_section/319-bns/
Of Fraudulent Deeds And Dispostions Of Property .
- 320 BNS : Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
- https://marriagesolution.in/bns_section/320-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list