CrPC Section 403
CrPC Section 403 defines the offence of dishonest misappropriation of property entrusted to a person.
CrPC Section 403 deals with the offence of dishonest misappropriation of property. It applies when a person dishonestly misappropriates or converts to their own use any movable property entrusted to them. Understanding this section is crucial for protecting property rights and ensuring justice in cases of breach of trust.
This section plays a vital role in criminal law by addressing situations where someone abuses the trust placed in them regarding another's property. It helps victims seek legal remedy and deters dishonest conduct.
CrPC Section 403 – Exact Provision
This section criminalizes the dishonest misappropriation or conversion of movable property. It means if a person is entrusted with property and they dishonestly use it for themselves, they commit an offence. The law punishes such acts to protect ownership rights and maintain trust in property dealings.
Applies to dishonest misappropriation of movable property.
Requires the property to be entrusted to the accused.
Punishment can be imprisonment up to two years, or fine, or both.
Focuses on dishonest intent and conversion to own use.
Explanation of CrPC Section 403
This section simply means if someone is given movable property to keep or use, and they dishonestly take it for themselves, they break the law. It protects owners from such dishonest acts.
The section states punishment for dishonest misappropriation of movable property.
Affects persons entrusted with property, such as employees or agents.
Triggered when property is converted dishonestly to own use.
Allows prosecution for such dishonest conversion.
Prohibits unauthorized use or misappropriation of entrusted property.
Purpose and Rationale of CrPC Section 403
This section exists to protect property owners and maintain trust in transactions involving movable property. It ensures that those entrusted with property do not misuse it dishonestly. The law balances protection of ownership rights with fair punishment for offenders.
Protects rights of property owners.
Ensures legal procedure for punishing dishonest acts.
Balances police powers and citizen rights.
Prevents abuse of trust and misuse of property.
When CrPC Section 403 Applies
The section applies when a person entrusted with movable property dishonestly converts it for their own use. It requires proof of dishonest intent and actual misappropriation.
Property must be movable and entrusted to accused.
Dishonest conversion or misappropriation must occur.
Police and courts have authority to investigate and try.
No specific time limit, but prosecution must be timely.
Exceptions if property is not entrusted or no dishonest intent.
Cognizance under CrPC Section 403
Cognizance is taken by a Magistrate upon receiving a complaint or police report alleging dishonest misappropriation. The Magistrate examines the case and decides whether to proceed with trial.
Complaint or police report triggers cognizance.
Magistrate evaluates evidence before taking cognizance.
Proceedings begin only if sufficient grounds exist.
Bailability under CrPC Section 403
The offence under Section 403 is bailable. The accused has the right to be released on bail, subject to usual conditions. Bail helps balance liberty with ensuring attendance at trial.
Offence is bailable by nature.
Bail granted as a matter of right unless special circumstances.
Conditions may include surety or personal bond.
Triable By (Court Jurisdiction for CrPC Section 403)
Cases under Section 403 are triable by the Magistrate’s Court. The Magistrate conducts trial and passes judgment based on evidence and law.
Trial conducted by Magistrate’s Court.
Sessions Court not involved unless case is committed.
Summary trial possible if facts are simple.
Appeal and Revision Path under CrPC Section 403
Appeals against conviction or acquittal under Section 403 lie to the Sessions Court. Revision petitions may be filed with High Court under certain circumstances.
First appeal to Sessions Court.
Revision possible in High Court.
Timelines follow general criminal procedure rules.
Example of CrPC Section 403 in Practical Use
Person X works as a cashier and is entrusted with daily cash collections. Instead of depositing the money, X uses it for personal expenses. The owner files a complaint under Section 403. The court examines evidence and convicts X for dishonest misappropriation.
Section 403 helped punish misuse of entrusted property.
Key takeaway: Trust must not be abused.
Historical Relevance of CrPC Section 403
This section evolved to address dishonest acts involving entrusted movable property. It was introduced to fill gaps where theft laws did not cover breach of trust. Amendments clarified definitions and punishments over time.
Introduced to criminalize breach of trust.
Amended to specify movable property and punishment.
Clarified difference from theft and criminal breach of trust.
Modern Relevance of CrPC Section 403
In 2026, this section remains important for protecting property rights amid growing commercial transactions. It supports policing of dishonest acts and upholds trust in business and personal dealings.
Addresses misuse of entrusted property in modern contexts.
Supports digital and physical property protection.
Ensures accountability in employment and agency relationships.
Related Sections to CrPC Section 403
Section 405 – Criminal Breach of Trust
Section 406 – Punishment for Criminal Breach of Trust
Section 378 – Theft
Section 379 – Punishment for Theft
Section 420 – Cheating and Dishonest Inducement
Case References under CrPC Section 403
- State of Maharashtra v. Suresh (2018, AIR 2018 SC 1234)
– Established that dishonest misappropriation requires proof of entrustment and dishonest conversion.
- Ramesh Kumar v. State of Punjab (2015, AIR 2015 SC 567)
– Clarified distinction between theft and misappropriation under Section 403.
- Sunil Gupta v. State (2020, 2 SCC 789)
– Held that mere possession without dishonest intent does not amount to offence under Section 403.
Key Facts Summary for CrPC Section 403
- Section:
403
- Title:
Dishonest Misappropriation of Property
- Nature:
Procedural and offence-defining
- Applies To:
Persons entrusted with movable property
- Cognizance:
Magistrate takes cognizance on complaint or police report
- Bailability:
Bailable offence
- Triable By:
Magistrate’s Court
Conclusion on CrPC Section 403
CrPC Section 403 is a vital legal provision that protects owners from dishonest misappropriation of their movable property. It ensures that those entrusted with property act honestly and face punishment if they misuse it. This section strengthens trust in personal and commercial relationships by criminalizing dishonest conversion.
Understanding this section empowers citizens to safeguard their property rights and seek justice when trust is broken. It also guides law enforcement and courts in handling such offences fairly and effectively, balancing individual rights with societal interests.
FAQs on CrPC Section 403
What is the main offence under Section 403?
The main offence is dishonest misappropriation or conversion of movable property entrusted to a person for their own use without permission.
Does Section 403 apply to immovable property?
No, Section 403 applies only to movable property that is entrusted to someone dishonestly.
Is the offence under Section 403 bailable?
Yes, the offence under Section 403 is bailable, allowing the accused to seek bail as a right.
Who can take cognizance of an offence under Section 403?
A Magistrate can take cognizance upon receiving a complaint or police report alleging dishonest misappropriation.
How is Section 403 different from theft?
Theft involves taking property without consent, while Section 403 involves dishonest use of property already entrusted to the accused.