The Bharatiya Nyaya Sanhita, 2023 (BNS) brings several legal provisions in a more organized and modern form. One such important section is Section 315, which deals with the dishonest misappropriation of property that belonged to a deceased person.
Let’s understand the provision, its meaning, legal consequences, and related case laws.
What is BNS Section 315?
BNS Section 315 reads as follows:
“Whoever dishonestly misappropriates or converts to his own use property which, at the time of a person’s death, was in his possession and which he obtained in any manner, shall be punished…”
In simple terms, this section punishes a person who takes or uses someone’s property after their death in a dishonest way.
Essence of the Section
This section is meant to protect the property of a deceased person.
Sometimes, after someone dies, family members, friends, or caretakers may take possession of their money, gold, or documents without legal rights.
Doing this dishonestly, especially without informing the legal heirs or authorities, becomes an offence.
Key Ingredients of the Offence
To prove a case under BNS Section 315, these elements must be present:
- The property belonged to a deceased person.
- The accused was in possession of that property at the time of death.
- The accused dishonestly used or misappropriated the property after the person’s death.
- The intent to cheat or take advantage must be shown.
What Does “Dishonestly” Mean?
Under BNS, “dishonestly” means having the intent to cause wrongful gain to one person and wrongful loss to another.
So, even if a person is related to the deceased, if they act with the intention to keep the property for themselves illegally, they can be punished.
Punishment under BNS Section 315
The punishment for this offence is:
- Imprisonment up to 3 years, or
- Fine, or
- Both
The nature of the offence is cognizable and bailable, depending on the value and facts of the case.
Illustration
Let’s take a simple example:
Ravi, a caretaker of an old man, finds ₹2 lakhs in cash in the old man’s drawer after his death. He quietly takes it and does not inform the family or authorities. Here, Ravi has dishonestly misappropriated property of the deceased and can be charged under BNS Section 315.
Case Law 1 of BNS Section 315: Ramesh Kumar v. State of MP
(2020 SCC OnLine MP 3201)
In this case, the accused was the nephew of a deceased uncle. After the uncle’s death, he took possession of the deceased’s locker keys and withdrew money from the bank. He did not inform other heirs or the bank about the death.
The court held that even a relative cannot take law into their own hands and keep property unlawfully. The accused was charged under the equivalent provision of Section 404 IPC, now replaced by BNS Section 315.
Case Law 2 BNS Section 315: State v. Seema Devi
(Delhi District Court, 2017)
In this case, a woman kept jewelry of her deceased sister-in-law. She claimed she was safeguarding it, but later refused to return it to the legal heir.
The court noted that deliberate withholding of property with dishonest intention was clearly punishable. She was convicted under the misappropriation section.
Difference from Theft
Many people confuse misappropriation with theft.
However, there’s a difference.
- Theft involves taking property without possession.
- Misappropriation means the person already had the property, but used it wrongfully.
So, BNS Section 315 applies when someone had legal possession, but then dishonestly converted it for personal use after the owner died.
Legal Heirs and Misappropriation
This section is important because:
- Sometimes, legal heirs are absent or unaware of the property.
- Other people may take advantage and misuse or hide the assets.
- Section 315 helps in protecting such interests and ensuring justice.
How to Prevent Such Misappropriation?
Here are a few ways to prevent such acts:
- Register a will and keep it safe.
- Inform family members about important documents and assets.
- After death, the legal heirs should apply for succession certificates.
- In case of doubt, file a police complaint immediately.
Short Note on BNS Section 315
- Section: BNS Section 315
- Title: Dishonest misappropriation of property possessed by deceased person at the time of his death
- Punishment: Up to 3 years imprisonment or fine or both
- Type: Cognizable and bailable (depends on facts)
- Focus: Protects assets of the deceased from dishonest use
Conclusion
BNS Section 315 is a crucial provision to ensure accountability and fairness after someone’s death.
Whether it’s money, gold, documents, or property, no one should use it without proper legal authority. Even if a person is close to the deceased, they cannot act dishonestly.
Courts have repeatedly emphasized that possession does not mean ownership, and the property of the deceased must go to the rightful legal heirs.
Disclaimer
This article is meant for general informational purposes only. It does not constitute legal advice. For any specific case or legal opinion, please consult a qualified legal professional.
