Code: Section 314 BNS
Whoever dishonestly misappropriates or converts to his own use any movable
property, shall be punished with imprisonment of either description for a term which shall not
be less than six months but which may extend to two years and with fine.
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 a 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 believe that the real owner cannot
be found.
Illustrations.
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks
up the rupee. 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 in 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 immediately
without attempting to discover the owner. A is guilty of an offence under this section.
Explanation of Section 314 BNS
Section 314 of the Bharatiya Nyaya Sanhita (BNS) deals with the dishonest misappropriation of movable property. This section applies when someone illegally takes possession of property belonging to another person, without consent, and uses it for personal gain, even if the property was initially acquired in good faith.
The key element here is dishonesty—if the person intends to deprive the owner of their property without consent, the act is punishable under this section.
Illustrations
1. Good Faith to Dishonest Conversion
- A takes property from Z, genuinely believing it to be his own.
- Later, A realizes it belongs to Z but keeps it and uses it for personal benefit.
- Outcome: A is guilty under Section 314 because of the dishonest misappropriation after discovering the mistake.
2. Implied Consent Misuse
- A, a friend of Z, takes a book from Z’s library without explicit consent, thinking he had implied permission.
- Later, A sells the book for personal gain.
- Outcome: A is guilty because selling the book without Z’s consent is dishonest misappropriation.
3. Joint Ownership Conflict
- A and B are joint owners of a horse.
- A takes the horse for personal use, which is not dishonest.
- However, if A sells the horse and keeps the proceeds for himself, A is guilty under this section.
Key Explanations
Explanation 1: Temporary Misappropriation is an Offense
Even if someone temporarily misappropriates property, such as pledging a Government promissory note for a loan with the intent to return it, it still qualifies as an offense if the intent is to convert it to personal use.
Explanation 2: Finder’s Responsibility
If someone finds lost property:
- Not guilty if they pick it up to return it to the owner.
- Guilty if they keep or use it after failing to take reasonable steps to locate the owner.
Illustrations of Finders’ Scenarios
1. Finding Money on the Road
- A finds a rupee on the road without knowing the owner.
- Outcome: A is NOT guilty because there’s no dishonesty involved.
2. Discovering the Owner
- A finds a letter with a banknote and figures out who the owner is but keeps the money.
- Outcome: A is guilty under Section 314.
3. Selling Found Property Without Attempting to Find the Owner
- A finds a valuable ring, sells it immediately without trying to find the owner.
- Outcome: A is guilty under Section 314.
Common Questions and Answers on Section 314 BNS
1. What is the difference between theft and dishonest misappropriation?
- Theft involves taking property without consent with an intention to permanently deprive the owner.
- Dishonest misappropriation occurs when someone initially has lawful possession but later converts it for personal use without consent.
2. Is it necessary to have bad intent to be guilty under this section?
- Yes, the act must be dishonest. If someone uses property mistakenly but intends to return it, they are not guilty.
3. Does this apply to property that was given as a gift?
- Yes, if the property was given for a specific purpose and the person uses it otherwise without consent, it can be considered dishonest misappropriation.
4. What if I found money and tried to find the owner but failed?
- You are not guilty as long as you made reasonable efforts to find the owner. However, keeping the money after failing to find the owner can lead to liability.
Conclusion
Section 314 BNS is designed to address situations where individuals misappropriate property dishonestly, even if they had lawful possession initially. It ensures that intent to deprive is the key factor, making it a critical provision to protect property rights.
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