Question

Which of the following sections of the Indian Penal Code, 1860, defines 'Dishonest Misappropriation of Property'?

• A. Section 403
• B. Section 404
• C. Section 405
• D. Section 406

Hint:

Remember the difference: \[\begin{array}{rl} \bullet & \text{**Theft (S.378):** Initial taking is dishonest.} \\ \bullet & \text{**Dishonest Misappropriation (S.403):** Initial taking is innocent, but a later intention becomes dishonest.} \\ \bullet & \text{**Criminal Breach of Trust (S.405):** Initial possession is based on trust, which is then broken.} \\ \end{array}\]

Answer 1

The Correct Option is A

Section 403 of the IPC defines 'Dishonest Misappropriation of Property'. The key elements are the dishonest misappropriation or conversion of movable property for one's own use. The initial possession of the property is often innocent or neutral (e.g., finding a lost wallet), but a subsequent dishonest intention to keep it for oneself constitutes the offence. This is distinct from Theft (S.378), where the initial taking is dishonest, and Criminal Breach of Trust (S.405), where the initial possession is based on entrustment.