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Understanding Judgments Under Section 404 of IPC
Section 404 of the Indian Penal Code (IPC) addresses dishonest misappropriation or conversion to one's own use of property possessed by a deceased person at the time of their death. This provision is crucial in cases involving the death of an individual where their belongings, typically movable property, are allegedly taken unlawfully by another. It often arises alongside serious charges like murder under Section 302 IPC, but courts scrutinize evidence carefully to ensure convictions are based on solid proof.
If you're researching judgments under Section 404 of IPC, this post breaks down key principles from landmark cases, elements of the offence, and practical applications. Note that this is general information based on judicial precedents and not specific legal advice—consult a lawyer for your situation.
What is Section 404 IPC?
Section 404 IPC punishes whoever dishonestly misappropriates or converts to their own use any movable property that was in the possession of a deceased person at the time of death, knowing or having reason to believe it belonged to the deceased. The punishment can extend up to three years imprisonment, or fine, or both.
Key elements include:
- Dishonest intention: The act must be with intent to cause wrongful gain or loss.
- Movable property only: Courts have consistently held that Section 404 applies solely to movable property, not immovable assets like land or houses. For instance, attempting to charge someone for misappropriating a house under this section fails, as property here means movables. Dhulji VS Kanchan Ashok Kumar VS State of Jharkhand - 2014 Supreme(Jhk) 229
- Possession by deceased at death: The property must have been with the deceased immediately before death; heirs or others taking possession later aren't covered.
This distinguishes it from Section 403 IPC (general misappropriation), as Section 404 offers extra protection for vulnerable property post-death. Ashok Kumar VS State of Jharkhand - 2014 Supreme(Jhk) 229
Principles from Key Judgments
Indian courts, especially the Supreme Court, have clarified Section 404 IPC through various rulings. Here's a synthesis from notable cases:
1. Application in Murder Cases
Many Section 404 convictions stem from murder trials where recovery of the deceased's items links the accused. However, proof must be beyond reasonable doubt.
- In a case involving a child's murder, the accused confessed and led police to ornaments. The court upheld Section 302 IPC for murder but altered robbery charges under Sections 394/397 to Section 404, as removing ornaments from a dead body isn't from a living person. BALLA MUNSHI BHOI VS STATE - 1958 Supreme(MP) 51
- Another appeal saw conviction under Section 302/404 upheld due to circumstantial evidence: the accused lived with the deceased, fled post-incident, and sold identified ornaments. No satisfactory explanation under Section 313 CrPC sealed guilt. Laxmi Prasad VS State of C. G. - 2015 Supreme(Chh) 239
Courts emphasize: Recovery alone isn't enough; it must tie to dishonest intent post-death. Brizlal Vaisnav S/o Dwarika Prasad Vaisnav VS State of Chhattisgarh through Police Station Sipat - 2022 Supreme(Chh) 423
2. Acquittals and Benefit of Doubt
Not all cases result in conviction. Prosecution must prove homicidal death and the accused's role.
- Where death wasn't proven homicidal and items weren't linked to the deceased, Sections 302/397/201/404 convictions were set aside. Recovery of a mobile and motorcycle was noted but insufficient without FSL reports or identification proof. Brizlal Vaisnav S/o Dwarika Prasad Vaisnav VS State of Chhattisgarh through Police Station Sipat - 2022 Supreme(Chh) 423 Palendra Kumar alias Palen son of late Bodhan Das VS State of Chhattisgarh - 2017 Supreme(Chh) 517
- In a conspiracy-murder case, lack of eye-witness credibility and flawed evidence led to acquittal under Sections 302/148/149/404, despite extra-judicial confessions. Sheo Kumar VS State of U. P. - 2019 Supreme(All) 2513 Shiv Kumar VS State of U. P. - 2019 Supreme(All) 2512
Ratio: There is no absolute rule that an extra-judicial confession can never be the basis of conviction, although ordinarily an extra-judicial confession should be corroborated. Sheo Kumar VS State of U. P. - 2019 Supreme(All) 2513
3. Alteration of Charges and Probation
Trial courts can alter charges under Section 216 CrPC if evidence supports it, without prejudice to the accused.
- Charges under Sections 302/364/201 were dropped for lack of proof (no body found), but Section 404 stuck for misappropriating deceased's property. Appellants were released post-probation under the Probation of Offenders Act, considering age and time served. Mohd Shakir VS State - 2014 Supreme(Del) 910 Jagdish Alias Raju VS State Of Haryana - 2006 Supreme(P&H) 2244
- In a will-forgery murder plot, Section 404 r/w 120B was deleted for insufficient basis, allowing trial on other charges. Nayeem Rahat VS State of Uttarakhand - 2024 Supreme(UK) 547
4. Evidence Standards: Confessions and Recovery
- Confessions must be voluntary; under Evidence Act Section 27, discoveries from them are admissible if police didn't know locations beforehand. Aher Raja Khima VS State Of Saurashtra - 1955 Supreme(SC) 122
- Single eye-witness testimony can suffice if sterling, but corroboration is prudent, especially if interested. Motive absence demands deeper scrutiny but doesn't negate other evidence. Shivaji Sahabrao Bobade VS State Of Maharashtra - 1973 Supreme(SC) 264
In Rajiv Gandhi assassination references, Section 404 wasn't central, but principles of evidence appreciation apply universally. State Through Superintendent Of Police, Cbi/sit VS Nalini - 1999 5 Supreme 60
Differences from Related Sections
| Section | Key Feature | Example Application |
|---------|-------------|---------------------|
| 403 IPC | General dishonest misappropriation | Living person's property Ashok Kumar VS State of Jharkhand - 2014 Supreme(Jhk) 229 |
| 404 IPC | Deceased's property at death | Ornaments from corpse BALLA MUNSHI BHOI VS STATE - 1958 Supreme(MP) 51 |
| 302 IPC | Murder | Often paired, but 404 needs separate proof Laxmi Prasad VS State of C. G. - 2015 Supreme(Chh) 239 |
| 201 IPC | Destroying evidence | Causing disappearance of deceased's body/property |
Section 404 doesn't apply to immovable property, as no risk of easy removal exists. Dhulji VS Kanchan
Practical Implications and Sentencing
Convictions under Section 404 often lead to 2-3 years RI, but courts consider totality:
- Life imprisonment if linked to murder. Laxmi Prasad VS State of C. G. - 2015 Supreme(Chh) 239
- Probation for first-timers or aged accused. Jagdish Alias Raju VS State Of Haryana - 2006 Supreme(P&H) 2244
- In corruption or police cases, sanction under CrPC Section 197 may be needed if public servants involved, but not always. Parkash Singh Badal VS State Of Punjab - 2006 8 Supreme 964
Appeal against acquittal under CrPC Section 417 requires compelling reasons; trial court's reasonable view prevails. Aher Raja Khima VS State Of Saurashtra - 1955 Supreme(SC) 122
Key Takeaways
- Prove all elements: Dishonest intent, movable property, deceased's prior possession.
- Corroborate evidence: Recoveries, confessions, witnesses must align.
- Benefit of doubt: Weak links (e.g., unidentified items, non-homicidal death) lead to acquittal.
- Movable only: Immovables fall outside scope.
Judgments under Section 404 of IPC highlight courts' caution in protecting the vulnerable while upholding fair trials. Cases evolve with evidence appreciation, as seen in appeals dismissing flawed prosecutions. Shivaji Sahabrao Bobade VS State Of Maharashtra - 1973 Supreme(SC) 264 Brizlal Vaisnav S/o Dwarika Prasad Vaisnav VS State of Chhattisgarh through Police Station Sipat - 2022 Supreme(Chh) 423
For deeper dives, review full judgments. This overview draws from precedents to aid understanding—legal outcomes vary by facts. Always seek professional counsel.
Disclaimer: This post provides general insights from public judgments and is not legal advice. Laws and interpretations may change; consult a qualified attorney for personalized guidance.
Search Results for "Key Judgments Under Section 404 IPC Explained"
1973 0 Supreme(SC) 264 • India - Supreme Court
H.R.KHANNA, P.JAGANMOHAN REDDY, V.R.KRISHNA IYER
Indian Penal Code, 1860 - Section 302 and 34 – Criminal Procedure Code, 1973 - Section 417 and 342 - Evidence ... murder and have to suffer imprisonment for life because punitive strategy of our penal Code does not sufficiently reflect modern ... Act, 1872 – Section 27 - Murder of An Old Man – Appeal Against Conviction - Whether he would still remain in vasti - Whether there ... Both the accused must therefore be held guilty of the ....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
1973 - Indian Evidence Act, 1872 - Criminal Law Act of 1973 - Section 62 - Ireland Emergency Provisions Act, 1978 - U.P. ... Section 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of ... to Section 19 convictions are for offences other Sections 3 and 4 of Act 28 of 1987 the accused may be entitled to file an ap....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
Section 7. ... decision are based would not be part of the judgment. ... the Select Committee in order to find out the reasons for inclusion of a particular section.
1955 0 Supreme(SC) 122 • India - Supreme Court
N.CHANDRASHEKAR AIYAR, T.L.VENKATARAMA AYYAR, VIVIAN BOSE
terms of criminal law. ... terms of criminal law. ... the judgment of the trial court is erroneous. ... judgment of the High Courts in criminal matters. ... terms of criminal law. ... They are not found in Section 417.
2006 8 Supreme 964 • India - Supreme Court
ARIJIT PASAYAT, S.H.KAPADIA
Section 197 of Cr. ... Section 197 does not immediately get attracted on institution of the complaint case –Scope of operation of the Section is restricted ... be permissible to contend that a public servant would be covered by Section 13(1)(d) of 1988 Act (similar to section 5(1)(d) of ... judgment is given that a person is guilty of one of se....
1958 0 Supreme(MP) 51 • India - Madhya Pradesh
A.H.KHAN, H.R.KRISHNAN
of the Indian Penal Code (IPC) and robbery under Section 394 read with Section 397 of the IPC. ... him instead of dishonest misappropriation of property under Section 404 of the IPC. ... OF LAW TO FACTS - SUMMARY OF COURT'S DECISION Fact ....
2022 0 Supreme(Chh) 423 • India - Chhattisgarh
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Section 404 of IPC – Court is of considered opinion that prosecution has miserably failed to prove that death of deceased was homicidal ... has been given by him in his statement under Section 313 of CrPC, appellant is liable to be convicted for offence punishable under ... Criminal Procedure Code, 1973 - Section 374(2) – Indian Penal....
2015 0 Supreme(Chh) 239 • India - Chhattisgarh
PRITINKER DIWAKER, INDER SINGH UBOWEJA
Indian Penal Code - Section 404/ 302 - Judgment of conviction- Evidence adduced – Offence of Murder – Injury ... The findings recorded by the trial Court holding the accused/appellant guilty under Section 302 of IPC on three counts and Section ... has not offered any satisfactory explanation in his under Section 313 – Appeal dismissed ... #HL_....
2019 0 Supreme(All) 2513 • India - Allahabad
RAMESH SINHA, DINESH KUMAR SINGH I
section 148 IPC with two years R.I. and under section 302 read with section 149 IPC with life imprisonment and under section 404 ... has been preferred against the judgment and order passed by IInd Additional Session Judge, Hamirpur in Session Trial whereby accused-appellant ... been convicted under #HL_START....
2024 0 Supreme(UK) 547 • India - Uttarakhand
RAVINDRA MAITHANI
framed based on the evidence, except for the charge under Section 404 IPC, which lacked sufficient basis. ... Result: The revision is partly allowed; the charge under Section 404 r/w 120B IPC is deleted, and the trial ... Issues: Whether the court's alteration of charges under Section 216 of the Code was justified and whether ... The charge under Sec....
2020 Supreme(Online)(HP) 1143 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SURESHWAR THAKUR
there, is, no strict statutory embargo, against him, and, alike the afore, for, hence his being granted, the, indulgence, of, pre- arrest bail, yet (a) the learned Additional Advocate General, submits, that since tfhe bail-applicant invites, vis-à-vis, his penal misdemeanor, the, mandate, cast under Setction
2026 Supreme(Online)(Chh) 2099 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally 2026:CGHC:5873-DB SAIFAN signed by KHAN SAIFAN KHAN NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 404 of 2015 [Arising out of impugned judgment of conviction and order of sentence dated 25.02.2015, passed in Sessions Trial ... (5) The learned trial Court after appreciating the oral and documentary evidence available on record, proceeded to convict the appellants for offence punishable under Section 304-B/34 of IPC and sentenced them as mentioned in the opening paragraph of this judgment ... ....
2006 0 Supreme(P&H) 2244 • India - Punjab and Haryana
M.M.AGGARWAL
This is an appeal against judgment dated 25.11.1994 of Sessions Judge Kurukshetra whereby Jagdish alias Raju had been convicted for offenced under Section 404 IPC and was sentenced to 4 years RI and fine of Rs. 1,000/- in default, RI for 3 months. ... Rajiv Rattan was acquitted for offence under Section 404 IPC also, but some articles belonging to deceased lady had been recovered from the present accused-appellant and, therefore, present accused-appellant had been convicted for offence under Section #HL....
• India - Bombay High Court - Bench at Nagpur
Judgment CRIMINAL APPLICATION (APL) NO. 404 OF 2019 1 2 3 jg.apl 404.2019
• India - High Court Of Rajasthan
PUSHPENDRA SINGH BHATI
Prakash @ Sharvan Kumar only U/ s.404 IPC and acquittal under Section 304 IPC) have been filed against common the impugned judgment dated 24.06.2000. ... been proved beyond reasonable doubt and because of recovery of ornaments offence Section 404 IPC stands established. ... IPC. ... This Court on carefully examining the material available on record and the judgment impugned is of the opinion that the trial court has rightly arrived at a con....
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