Dishonest Misappropriation of Property Under the BNS (Section 314): IPC 403 Mapping (2026)
What dishonest misappropriation of property means under Section 314 of the Bharatiya Nyaya Sanhita, 2023, which IPC section it replaces, the punishment, and whether it is cognizable and bailable. Last verified October 2026.
Explainer · BNS · Offences Against Property
Criminal misappropriation is the offence for the person who comes into property honestly, then dishonestly keeps it or uses it as their own. It is different from theft, where the taking is dishonest from the start. Since 1 July 2024 the offence has a new address. The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and dishonest misappropriation of property is now Section 314. This explainer sets out what Section 314 says, which old IPC section it replaces, the punishment, and whether the offence is cognizable and bailable. Last verified October 2026.
- New code: dishonest misappropriation of property is Section 314 of the Bharatiya Nyaya Sanhita, 2023.
- Old code: it replaces Section 403 of the Indian Penal Code, 1860.
- Punishment: imprisonment of not less than 6 months up to 2 years, and fine (a new minimum and a mandatory fine).
- Classification: non-cognizable, bailable, triable by any Magistrate.
- Research and tracking: Claw searches judgments and tracks cases under this section across 9,102 forums.
01The problem: honest start, dishonest keeping
Criminal misappropriation is a quiet offence. There is often no break-in and no snatching. Someone receives money, goods, or property for a reason that is perfectly lawful, and then keeps it or uses it as their own instead of returning it. A person who finds a dropped wallet and spends the cash, or who is handed goods to deliver and sells them, is the classic example.
The practical problem today is the section number. For generations this was Section 403 of the Indian Penal Code, 1860. From 1 July 2024 it became Section 314 of the Bharatiya Nyaya Sanhita, 2023. A complaint or charge drawn today must use Section 314, while a search for older authorities still needs Section 403.
Criminal misappropriation punishes the dishonest keeping of property that came to you honestly. It is now Section 314 of the BNS, the old IPC 403.
02What Section 314 says
Section 314 of the BNS punishes whoever dishonestly misappropriates or converts to their own use any movable property. The key ideas are these:
- The property must be movable property.
- The act must be dishonest, meaning done with the intention to cause wrongful gain to oneself or wrongful loss to another.
- The property has usually come into the person’s hands lawfully or innocently; the offence is the later dishonest keeping or use, not the original coming into possession.
Two explanations attached to the section make the limits clear. A dishonest misappropriation is an offence even if it is only for a time; it need not be permanent. And a person who finds property and takes it to protect or return it to the owner is not guilty, but becomes guilty if they appropriate it to their own use before making reasonable efforts to find the owner.
Not the same as theft
In theft the taking is dishonest from the very start. In criminal misappropriation the possession begins innocently or lawfully, and the dishonesty comes later. The line between them often decides which charge fits. See the separate explainers on theft under Section 303 and criminal breach of trust under Section 316.
03The old-to-new mapping
The mapping is a direct, one-to-one carry over, with a change to the punishment.
| New code (BNS, 2023) | Old code (IPC, 1860) | What it covers |
|---|---|---|
| Section 314 | Section 403 | Dishonest misappropriation of movable property |
For the wider picture of how sections map across the codes, see the IPC to BNS section mapping. The related property offences, theft, criminal breach of trust, and cheating, sit nearby in the same chapter of the BNS.
04Punishment and classification
The punishment under Section 314 is imprisonment of either description for a term that shall not be less than six months but which may extend to two years, and with fine.
On classification, the offence is non-cognizable, which means the police generally need an order from a Magistrate before they can investigate. It is bailable, so the accused can usually be released on bail as of right. It is triable by any Magistrate.
05What changed: a new minimum sentence
This is one of the property offences where the BNS did change the punishment, so the point is worth stating clearly.
Under old Section 403 of the IPC, the punishment was imprisonment up to two years, or fine, or both, with no minimum term. Under Section 314 of the BNS, the term is not less than six months and may extend to two years, and a fine is mandatory. So the BNS has added a floor to the sentence and made the fine compulsory, where the old section allowed a fine alone and set no minimum.
The definition of the offence, and the two explanations, are otherwise carried over. So case law decided under Section 403 of the IPC still guides how Section 314 is read, and a careful search covers both numbers.
06Where 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.
On a Section 314 matter the two practical jobs are research and tracking, and both got harder when the number changed in 2024. Claw closes that gap. One search across more than 30 crore judgments, reaching Supreme Court decisions from 1950 and High Court decisions from 1990, pulls authorities under both Section 314 of the BNS and the old Section 403 of the IPC, including the many rulings on the line between misappropriation, theft, and breach of trust, and returns in under 5 seconds. A live matter can be followed across 9,102 courts, benches and forums, by party or advocate name, with its orders and hearings in view. For the wider view, see case search across Indian courts.
Create a free Claw account to search this case law and track a misappropriation matter by party or advocate name. Claw does not file a case or give legal advice, and it does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- BNS Section 314 (reference text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.
08Frequently asked questions
What is the section for criminal misappropriation under the new law?
It is Section 314 of the Bharatiya Nyaya Sanhita, 2023. It punishes dishonestly misappropriating or converting to one’s own use any movable property. It replaced Section 403 of the Indian Penal Code from 1 July 2024.
Which IPC section does BNS Section 314 replace?
Section 314 replaces Section 403 of the IPC. The definition and the two explanations are carried over, but the punishment has changed.
What is the punishment under Section 314 BNS?
Imprisonment of either description for a term not less than six months, which may extend to two years, and a fine. Unlike the old IPC 403, there is now a minimum term and the fine is mandatory.
Is criminal misappropriation cognizable or bailable?
It is non-cognizable, so the police usually need a Magistrate’s order to investigate, and it is bailable, so the accused can generally be released on bail as of right. It is triable by any Magistrate.
How is misappropriation different from theft?
In theft the taking is dishonest from the start. In criminal misappropriation the person first receives the property lawfully or innocently, and the offence is the later dishonest keeping or use of it. The facts of how possession began often decide which charge fits.
Can I find and track Section 314 cases in Claw?
Yes. A single search across more than 30 crore judgments covers both Section 314 of the BNS and the old Section 403 of the IPC, returning in under 5 seconds, and a live matter can be followed across 9,102 courts, benches and forums by party or advocate name. Claw supports the research and tracking but does not file the case or give legal advice.