08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Of Criminal Misappropriation of Property
Dishonestly
misappropriation of
property
403. Whoever dishonestly misappropriates or converts to his own use any
moveable property, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
Illustrations
(a) A takes property belonging to Z out of Z's possession in good faith, believing,
at the time when he takes it, that the property belongs to himself. A is not guilty
of theft; but if A, after discovering his mistake, dishonestly appropriates the
property to his own use, he is guilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and
takes away a book without Z's express consent. Here, if A was under the
impression that he had Z's implied consent to take the
book for the purpose of reading it, A has not committed theft. But if A afterwards
sells the book for his own benefit, he is guilty of an offence under this section.
(c) A and B, being joint owners of a horse, A takes the horse out of B's
possession, intending to use it. Here, as A has a right to use the horse, he does
not dishonestly misappropriate it. But, if A sells the horse and appropriates the
whole proceeds to his own use, he is guilty of an offence under this section.
Explanation 1.A dishonest misappropriation for a time only is a misappropriation
within the meaning of this section.
Illustration
A finds a Government promissory note belonging to Z, bearing a blank
endorsement. A, knowing that the note belongs to Z, pledges it with a banker as
a security for a loan, intending at future time to restore it to Z. A has committed
an offence under this section.
Explanation 2.A person who finds property not in the possession of any other
person, and takes such property for the purpose of protecting it for, or of
restoring it to, the owner, does not take or misappropriate it dishonestly, and is
not guilty of an offence; but he is guilty of the offence above defined, if he
appropriates it to his own use, when he knows or has the means of discovering
the owner, or before he has used reasonable means to discover and give notice
to the owner and has kept the property a reasonable time to enable the owner to
claim it.
What are reasonable means or what is a reasonable time in such a case, is a
question of fact.
It is not necessary that the finder should know who is the owner of the property,
or that any particular person is the owner of it, it is sufficient if, at the time of
appropriating it, he does not believe it to be his own property, or in good faith
believes that the real owner cannot be found.
Illustrations
(a) A finds a taka on the highroad, not knowing to whom the taka belongs. A
picks up the taka. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and
contents of the letter he learns to whom the note belongs. He appropriates the
note. He is guilty of an offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the
person who has lost the cheque. But the name of the person, who has drawn the
cheque, appears. A knows that this person can direct him to the person on
whose favour the cheque was drawn. A appropriates the cheque without
attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the
intention of restoring it to Z, but afterwards appropriates it to his own use. A has
committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards
discovers that it belongs to Z, and appropriates it to his own use. A is guilty of
an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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