AI Overview...
- Section 403 - Dishonest Misappropriation of Property
-
The offence involves dishonestly misappropriating or converting to one's own use any movable property belonging to another person. The key ingredients include:
- The property must belong to a different person than the accused.
- The accused must have dishonestly misappropriated or converted the property.
- There must be a dishonest intention on the part of the accused.
- The property must come into the possession of the accused in some neutral manner (e.g., through theft, bailment, or agency). Mohmmad Ali VS State of M. P. - Madhya Pradesh, MOHMMAD ALI VS STATE OF M. P. - Madhya Pradesh, Mahal Chand Sikmal VS State - Crimes
-
Legal Interpretations and Judicial Viewpoints
- A partner cannot be prosecuted under Section 403 for converting a partner’s share in a partnership to his own use; in such cases, charges may be under Section 406 (Criminal Breach of Trust).
- If the property is owned by the accused (e.g., stock obtained from the government), they cannot be charged under Section 403 for dishonest misappropriation, as the property does not belong to another.
- The presence of dishonest intention is crucial; mere possession or transfer does not suffice without proof of dishonesty.
-
Courts have emphasized that proving ownership and the nature of possession is vital for conviction under Section 403. Mahal Chand Sikmal VS State - Crimes, Ajit Kumar Das VS State - Calcutta, PUSPA KUMAR RAI VS STATE OF SIKKIM - Sikkim, Mohmmad Ali VS State of M. P. - Madhya Pradesh
-
Case Law and Procedural Aspects
- Courts have held that absence of evidence supporting dishonest misappropriation warrants dismissal or non-sentencing under Section 403.
- In some cases, even if the property is misappropriated, the prosecution must establish the property belonged to another and that there was dishonest intention.
-
Proceedings under Section 403 are subject to scrutiny; courts may dismiss cases if elements are not proven or if the property is owned by the accused. PUSPA KUMAR RAI VS STATE OF SIKKIM - Sikkim, R. Dutta @ Ranjit Kumar Dutta VS State of Jharkhand - Jharkhand
-
Summary
- Section 403 IPC criminalizes dishonestly misappropriating or converting movable property belonging to another person with dishonest intent.
- Successful prosecution requires proof of ownership by another, dishonest intention, and the act of misappropriation or conversion.
- Judicial decisions highlight the importance of establishing these elements, and cases may be dismissed if evidence is lacking or if the property is owned by the accused.
References:
- Mahal Chand Sikmal VS State - Crimes, Ajit Kumar Das VS State - Calcutta, Nisha VS State of U. P. - Allahabad, PUSPA KUMAR RAI VS STATE OF SIKKIM - Sikkim, Mallavarapu Srinivasa Rao VS State of A. P. , rep. by its Public Prosecutor - Crimes, Chandra Prakash Shaw, S/o Late Ganga Prasad Sao VS State of Bihar now Jharkhand - Jharkhand, Synraniang Nongshlong VS State of Meghalaya - Gauhati, R. Dutta @ Ranjit Kumar Dutta VS State of Jharkhand - Jharkhand, MOHMMAD ALI VS STATE OF M. P. - Madhya Pradesh, Mohmmad Ali VS State of M. P. - Madhya Pradesh
Search Results for "Indian Penal Code s 403 Dishonest Misappropriation of Property"
• India - Crimes
M.R.MALLICK
(Para 9) ... (ii) Indian Penal Code, 1860-Section 403-Dishonest misappropriation ... of property-A partner cannot be prosecuted for converting to his own use the share of another partner in a partnership business. ... (Para 7) ... Further held there cannot be any charge of misappropriation ... In the said decision, the prosecution was lodged against the other partner, under section 406 of the I.P.C. In the present case, the prosecution has been lodged under section #H....
1989 0 Supreme(Cal) 449 • India - Calcutta
A.K.SENGUPTA, JYOTIRINDRA NATH HORE
of the Indian Penal Code for dishonest misappropriation of his own property. ... misappropriation of his own property. ... as the owner of the stock obtained from the Government, could not be charged under s. 403 of the Indian Penal Code for dishonest ... Accordingly, in our view since the petitioner is the owner of the stock which was sold to him by the Government, there cannot by any question of dishonest #HL_STA....
2021 0 Supreme(All) 1169 • India - Allahabad
SANJAY KUMAR SINGH
Code, 1860 - Sections 323, 504, 506, 403 – Dishonest misappropriation of property - Punishment for voluntarily causing hurt - Punishment ... Constitution of India, 1950 - Article 227 – Criminal Procedural Code, 1973 - Section 397, 482 – Indian Penal ... It is submitted by the learned counsel for the applicants that vide order dated 18.12.2012 further proceedings of Complaint Case No. 77 of 2012, under Sections 323, 504, 506, 403 I.P.C. pending befor....
1977 0 Supreme(Sikk) 2 • India - Sikkim
MAN MOHAN SINGH GUJRAL, A.M.BHATTACHARJEE
Whether the case should be sent back for retrial under S.403, I.P.C. for dishonest misappropriation of property? ... The court also found that there was no evidence to support a charge under S.403, I.P.C. for dishonest misappropriation of property ... The court held that the case should not be sent back for retrial under S.403, I.P.C. for dishonest mis....
• India - Crimes
G.SHYAM PRASAD
Indian Penal Code, 1860—Sections 403 and 420—Criminal Procedure Code, 1973—Section 482—Criminal misappropriation of property and ... Dishonest misappropriation of property:— Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” ... 403 and 420 IPC. ... On th....
2017 0 Supreme(Jhk) 200 • India - Jharkhand
RONGON MUKHOPADHYAY
Indian Penal Code, 1860—Sections 420 and 403—Criminal Procedure Code, 1973—Sections 397 and 401—Cheating and dishonest misappropriation ... of property—Appellate court had appreciated materials available on record before sustaining order of conviction but reducing period ... After inquiry was conducted u/s 202 of the Cr.P.C. cognizance was taken for the offences punishable u/s 420 and 403 of the I.P.C. ... The witnesses thus having been consistent on the point of the ....
2009 0 Supreme(Gau) 779 • India - Gauhati
P.K.MUSAHARY
service - Dishonest misappropriation of property - Theft in dwelling houses - Petitioner No. 1 is secretary of Managing Committee ... Indian Penal Code, 1860 - Section 403/380 – Criminal Procedure Code, 1973 - Section 482 - Terminated from ... and 380, IPC are absent and there is no prima facie case to proceed against petitioners - It is also submitted by that informant ... Section 403, IPC provides punishment for dishonest #HL_STAR....
2013 0 Supreme(Jhk) 665 • India - Jharkhand
R.R.PRASAD
Code of Criminal Procedure, 1973 - Section 482 - Cognizance taken for offences u/s 406, 417, 418, 420, 426 IPC against Tata Steel ... Section 403 of Indian Penal Code speaks about dishonest misappropriation of property which reads as under:- ... “403.Dishonest misappropriation of property.— Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with ....
2006 0 Supreme(MP) 156 • India - Madhya Pradesh
A.K.SHRIVASTAVA
Dishonest Misappropriation - Criminal Misappropriation - Section 403, IPC - Summary of Acts and Sections: Section 403, IPC - The ... it, and there was a dishonest intention in cases involving Section 403, IPC. ... court analyzed the ingredients of Section 403, IPC and emphasized the need to prove that the property belonged to another person ... ... ( 8 ) SECTIO....
2006 0 Supreme(MP) 142 • India - Madhya Pradesh
A.K.SHRIVASTAVA
(iii) there must be dishonest intention on the part of the accused." ... The essence of the offence of criminal misappropriation is that the property of another person comes into the possession of the accused in some neutral manner and is misappropriated or converted to his own use by the accused. ... If section 403, IPC is analysed, it is gathered that it has following ingredients which reads thus: ... "(i) The property must belong to a person other than accused; ... (ii) th....
Filter by Legal Phrase
