Answer
Criminal Misappropriation:
According to Section 403 of P.P.C. whoever dishonestly misappropriates or converts to his own use any movable property shall be punished with imprisonment of either description for a term which may extend 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, 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 it Z’s absence. and takes away a book without Z’s express consent. Here, if A was under the impression that he h 7’s implied consent to take the book for the purpose 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 find a Government promissory note belonging to Z, bearing a blank endorsement; A knowing that the note belongs to Z, pledges 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
person who finds property not in the possession of any other a. 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; bat he is guilty of the r-c above defined. if he appropriates it to his own use, when he
or has the means of discovering the owner, or before he has reasonable means to discover and give notice to the wonder and has he property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in ease, is a question of fact.
It is not necessary that the finder should know who is the of the property that any particular person is the owner of it; it is sufficient if it, at the time of appropriating it, he does not believe be n property or in good faith believes that the real owner cannot found.
Illustrations
(a) A finds a rupee on the highroad, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not. Committed the offence defined in S. 403.
(b) A finds a letter on the road, containing a bank not. 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 of dishonest misappropriation property under this section.
(c) A sees Z drops 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 c e. A has committed an offence of dishonest misappropriation.
(d) A finds a purse with money, not knowi1ig to whom i belongs; he afterward discovers that it belongs to Z, appropriates it to his own use. A is guilty of an offence under the above section.
It would thus appear from the above illustrations that the two main ingredients of the offence are dishonest misappropriation or conversion of property for a persons own use arid such property must be movable.
The punishment prescribed for the offence is imprisonment for a term which may extend 10 two years; or with fine, or with both.
Dishonest misappropriation of property possessed deceased person at the time of his death:
Whoever dishonesty misappropriates or converts to his own use property. knowing that such property was in the possession of a deceased person at the time of that persons decease, and has not since been in the possession of any person’s legally entitled to such possession, shall he punished with imprisonment of either description for a term which may extend to three years and shall also he liable to fine; arid if the offender the time of such persons decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.