BNS Section 315: Dishonest Misappropriation of Property of a Deceased Person (IPC 404 Mapping) (2026)
What Section 315 of the Bharatiya Nyaya Sanhita (BNS) covers, dishonest misappropriation of property that a deceased person possessed at the time of death, how it maps to the old Section 404 of the IPC, the punishment, and its classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 315 of the Bharatiya Nyaya Sanhita (BNS) punishes dishonest misappropriation of property that a deceased person possessed at the time of death, before any legally entitled person has taken it. The BNS is the new criminal code in force since 1 July 2024, and Section 315 replaced Section 404 of the Indian Penal Code (IPC). The punishment is imprisonment up to three years, and a fine, rising to seven years where the offender was a clerk or servant of the deceased. Note the near miss: general dishonest misappropriation of property is not Section 315, it is Section 314 of the BNS. This explainer sets out what Section 315 actually covers, how it maps to the old law, the punishment, and what changed. Last verified October 2026.
- New section: dishonest misappropriation of a deceased person's property is Section 315 of the BNS.
- Old section: it replaced Section 404 of the IPC. (General misappropriation is Section 314, not 315.)
- Punishment: imprisonment up to three years and a fine; up to seven years if the offender was a clerk or servant of the deceased.
- Classification: non-cognizable, bailable, triable by a Magistrate of the first class.
01Why the section number matters now
Since 1 July 2024, the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The misappropriation offences have been renumbered. Dishonest misappropriation of a deceased person's property, earlier Section 404 of the IPC, is now Section 315 of the BNS.
There is a near miss to watch. General dishonest misappropriation of property, earlier Section 403 of the IPC, is now Section 314 of the BNS. The deceased-person variant is the next section, Section 315. Because the two sit side by side, confirm which one the facts fit before you cite the number.
02What Section 315 covers
Section 315 of the BNS punishes a person who dishonestly misappropriates or converts to their own use property, knowing that the property was in the possession of a deceased person at the time of that person's death, where no one legally entitled to it has since taken possession.
The section protects property in the short, vulnerable gap after a death, before heirs or legal representatives take charge. A harsher punishment applies if the offender was employed by the deceased as a clerk or servant at the time of death, because that is a breach of trust.
An illustration
Z dies in possession of furniture and money. Before any person entitled takes possession, Z's servant A dishonestly takes the money. A has committed the offence under Section 315. General dishonest misappropriation, outside the deceased-person setting, is dealt with in Section 314 of the BNS.
03Key ingredients
The prosecution must prove each of these:
- the accused dishonestly misappropriated or converted property to their own use;
- the accused knew the property was in the possession of a person who has since died;
- the property was in that person's possession at the time of death;
- no person legally entitled to it had since taken possession.
The aggravated form adds one more fact: that the offender was a clerk or servant of the deceased at the time of death. That raises the ceiling to seven years.
04Old to new: IPC 404 to BNS 315
Section 404 of the IPC is now Section 315 of the BNS. The ingredients, the three-year ceiling, and the enhanced seven-year ceiling for a clerk or servant are carried over.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Dishonest misappropriation of property (general) | Section 403 | Section 314 |
| Misappropriation of a deceased person's property | Section 404 | Section 315 |
Because the substance is carried over, judgments on Section 404 of the IPC still guide how Section 315 is read.
05Punishment and classification
The punishment under Section 315 is imprisonment of either description for a term which may extend to three years, and a fine. Where the offender was a clerk or servant employed by the deceased at the time of death, the term may extend to seven years, and a fine.
On classification, the offence under Section 315 is:
- Non-cognizable: the police generally need an order of a Magistrate to investigate.
- Bailable: bail is a matter of right, subject to conditions.
- Triable by a Magistrate of the first class.
Two ceilings
The base ceiling is three years. The seven-year ceiling applies only where the offender was the deceased person's clerk or servant, because that adds a breach of trust to the misappropriation.
06What changed from the old law
For this offence, the change is mostly the number. The ingredients, both ceilings, and the illustration are carried over from Section 404 of the IPC, so older precedents still apply.
The practical point is to separate this from general misappropriation. If the property was simply misappropriated, the offence is Section 314 of the BNS. If it was property a deceased person held at death, before heirs took charge, it is Section 315. The facts about the death and possession decide which applies.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cases under Section 315 rest on proof that the property was possessed by the deceased at the time of death and on evidence of dishonest intent, points shaped by the old Section 404 rulings. Claw lets you search that case law by section, party or advocate across 9,102 courts, benches and forums, from Supreme Court decisions in 1950 to High Court decisions from 1990, returning matches from 30 crore+ judgments in under 5 seconds.
Claw does not use customer documents to train its AI models, so your files remain private. Open a free Claw account to see how this misappropriation offence and the old Section 404 have been treated, or to follow a live matter by party or advocate name. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 315, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 404 IPC in the BNS?
Dishonest misappropriation of property possessed by a deceased person at the time of death, earlier Section 404 of the IPC, is now Section 315 of the Bharatiya Nyaya Sanhita, 2023. General dishonest misappropriation, earlier Section 403, is now Section 314.
What is the punishment under BNS Section 315?
Imprisonment of either description up to three years, and a fine. If the offender was a clerk or servant employed by the deceased at the time of death, the term may extend to seven years, and a fine.
How is Section 315 different from Section 314?
Section 314 covers general dishonest misappropriation of property. Section 315 covers the special case of property a deceased person held at the time of death, before any legally entitled person took possession. The facts about the death decide which applies.
Why is the punishment higher for a clerk or servant?
Because a clerk or servant of the deceased had a position of trust over the property. Misappropriating it after the employer's death adds a breach of that trust, so Section 315 raises the ceiling from three years to seven years.
Does old case law on IPC Section 404 still apply?
In large part, yes. Because the ingredients and both ceilings are carried over, judgments on Section 404 of the IPC still guide how Section 315 of the BNS is read.
Can I track a case under BNS Section 315 in Claw?
Yes. You can search Claw by section, party or advocate and pull the matching cases, orders and hearings from 9,102 courts, benches and forums in under 5 seconds. It researches and tracks the case but does not give legal advice.