BNS - Bharatiya Nyaya Sanhita, 2023

Section 314 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Of criminal misappropriation of property

Dishonest misappropriation of property

  1. 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.

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