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IPC 404 → BNS 315: Misappropriation (Dead)

IPC Section 404 (Misappropriation (Dead)) under the old Indian Penal Code 1860 is now covered under Section 315 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

404

Misappropriation (Dead)

Dishonest misappropriation of property possessed by deceased person at the time of his death

New Law — BNS 2023

315

Misappropriation (Dead)

Punishment / Liability
Same - Up to 3 or 7 years
Key Change / Note
No major change

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Quick Summary: IPC 404 vs BNS 315

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 404 (Misappropriation (Dead)) is now mapped to BNS Section 315.

What did IPC 404 cover?

IPC 404 dealt with misappropriation (dead)dishonest misappropriation of property possessed by deceased person at the time of his death. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 315: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to misappropriation (dead) are filed under BNS Section 315. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 315

Same - Up to 3 or 7 years

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 315 instead of IPC 404.
  • Police officers: Use BNS 315 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 404 ↔ BNS 315 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 404?

IPC Section 404 (Misappropriation (Dead)) is now covered under Section 315 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 315?

Same - Up to 3 or 7 years

What is the key difference between IPC 404 and BNS 315?

No major change

Is IPC 404 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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