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Definition of IPC 404

IPC Section 404 of the Indian Penal Code deals with the crime of dishonestly misappropriating property that belonged to someone who recently passed away (deceased person) and was in their possession at the time of death. In simpler terms, it’s about taking something that belonged to a deceased person and keeping it for yourself dishonestly, before anyone else has rightful claim to it.



What is Section 404 IPC ?

IPC 404 says it’s a crime to dishonestly take something from a recently deceased person before anyone has rightful claim to it. This applies to things you can move (money, jewelry, etc.) and the punishment can be up to 3 years in jail, with a fine. It’s even more serious (up to 7 years jail) if you worked for the deceased.

 IPC 404 Law
Taking from Deceased? Illegal

IPC Section 404

IPC Section 404 deals with a specific situation related to theft: dishonest misappropriation of property possessed by a deceased person at the time of their death. Here’s a breakdown:

  • Key elements:
    • Deceased Person: The property must have belonged to someone who has recently passed away.
    • Possession at Death: The deceased person must have been in possession of the property at the time of their death.
    • Dishonest Misappropriation: Someone takes or converts the property for their own use, knowing it belonged to the deceased and has not yet been rightfully claimed by anyone else.

Imagine this: Mr. X dies, leaving behind some valuables. Before anyone from the family takes charge of these belongings, a friend or relative dishonestly takes some of them for themselves. This would be a situation covered by IPC 404.

What kind of property applies?

IPC 404 applies to movable property, which excludes land or buildings. This can include things like:

  • Money
  • Jewelry
  • Artworks
  • Electronics
  • Other portable possessions

The Punishment:

The punishment under IPC 404 can be:

  • Imprisonment: Up to three years in jail.
  • Fine: The court might also impose a fine.
  • Increased Penalty for Servants: If the offender was employed by the deceased as a clerk or servant at the time of death, the imprisonment term can be extended to seven years.

IPC 404 Punishment

  • Standard: Up to 3 years in jail and a possible fine.
  • Increased: Up to 7 years in jail and a possible fine (if you were employed by the deceased in a close role at the time of death).
IPC 404 Punishment
IPC 404 Punishment and fine

404 IPC bailable or not

IPC 402 is considered non-bailable. This means that someone accused of being part of a group planning to commit dacoity generally cannot be released on bail by a police officer or a lower court. Their bail application would need to be heard by a higher court, typically a Magistrate of the First Class.


IPC 404 FAQs

What is IPC 404 ?

IPC 404 deals with a situation many hope never to encounter: someone taking advantage of a death to steal. It applies to dishonestly taking property from a recently deceased person.

Imagine this: A family member passes away, and before anyone claims their belongings, something valuable goes missing. IPC 404 would likely apply in this situation.

What kind of property applies?

IPC 404 focuses on movable property, things you can move, like:

  • Money
  • Jewelry
  • Electronics
  • Artwork
  • Other portable possessions

What’s the punishment?

Are there any defenses for IPC 404?


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