IPC Section 403
IPC Section 403 defines dishonest misappropriation of property entrusted to a person, outlining its scope and punishment.
IPC Section 403 deals with the dishonest misappropriation of property that has been entrusted to a person. This section is crucial because it protects the rights of property owners when their property is misused or converted dishonestly by someone who was trusted with it. Understanding this section helps in identifying when an act crosses from lawful possession to criminal misappropriation.
The provision ensures that individuals who handle others' property with trust cannot exploit that trust for personal gain or wrongful use. It safeguards property owners and maintains legal accountability for entrusted property.
IPC Section 403 – Exact Provision
This section means that if a person is given movable property to hold or use, and they dishonestly take it for themselves or use it in a way not authorized, they commit an offence. The key element is the dishonest intention to convert the property for personal use without permission.
Applies only to movable property entrusted to someone.
Requires dishonest intention to convert property.
Punishable by imprisonment up to two years, fine, or both.
Protects owners from misuse by trusted persons.
Purpose of IPC Section 403
The legal objective of IPC Section 403 is to prevent and penalize the dishonest conversion of movable property that has been entrusted to a person. It aims to uphold trust in property transactions and relationships by ensuring that entrusted property is not misused or taken unlawfully. This section fills the gap between lawful possession and criminal breach of trust.
Protects property owners from dishonest misuse.
Maintains trust in personal and commercial dealings.
Deters wrongful appropriation of entrusted property.
Cognizance under IPC Section 403
Cognizance of an offence under Section 403 is generally taken when a complaint or information is received by the police or court. Since it involves dishonest misappropriation, it is a cognizable offence, allowing police to investigate without prior court approval.
Police can register FIR and investigate immediately.
Cognizance can be taken on complaint or police report.
Courts proceed based on evidence of dishonest misappropriation.
Bail under IPC Section 403
Offence under IPC Section 403 is bailable, meaning the accused can apply for bail as a matter of right. Given the punishment is up to two years or fine, courts generally grant bail unless there are exceptional circumstances.
Accused entitled to bail as a right.
Bail conditions may depend on case facts.
Non-violent nature of offence favors bail grant.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 403 are triable by Magistrate courts since the punishment is up to two years. Sessions courts generally do not have jurisdiction unless the offence is tried along with other more serious charges.
Trial usually before Magistrate Court.
Sessions Court if joined with serious offences.
Summary trial possible depending on local laws.
Example of IPC Section 403 in Use
Suppose a person is entrusted with a laptop by their employer for official use. Instead of returning it or using it as agreed, the person sells the laptop and keeps the money. This dishonest conversion of entrusted property falls under Section 403. If caught, the person can be prosecuted and punished. Alternatively, if the person merely used the laptop for personal work but returned it intact, Section 403 would not apply.
Historical Relevance of IPC Section 403
Section 403 has its roots in the Indian Penal Code drafted in 1860, designed to address property-related offences distinctly from theft or criminal breach of trust. It evolved to specifically tackle dishonest misappropriation where possession was lawful but conversion was dishonest.
IPC enacted in 1860, including Section 403.
Clarified distinction from theft and breach of trust.
Judicial interpretations refined scope over decades.
Modern Relevance of IPC Section 403
In 2025, Section 403 remains relevant as property transactions and entrusted goods are common in personal and business contexts. Courts continue to interpret the section to address new scenarios like digital assets and entrusted electronic devices. It plays a vital role in protecting property rights and maintaining trust in commercial dealings.
Applies to movable and digital property entrusted to persons.
Court rulings expand scope to modern property forms.
Supports legal framework for property protection in business.
Related Sections to IPC Section 403
Section 405 – Criminal breach of trust
Section 406 – Punishment for criminal breach of trust
Section 404 – Dishonest misappropriation of property possessed by deceased person
Section 405 – Criminal breach of trust
Section 378 – Theft
Section 411 – Receiving stolen property
Case References under IPC Section 403
- State of Maharashtra v. Chandraprakash Kewalchand Jain (1990 AIR 169, SC)
– The Court held that dishonest intention is essential to prove misappropriation under Section 403.
- R. v. Turner (1971) 3 All ER 441
– Clarified that possession with consent but dishonest conversion amounts to misappropriation.
- Bhagwan Das v. State of Rajasthan (1975 AIR 212, SC)
– Distinguished between theft and misappropriation based on possession and consent.
Key Facts Summary for IPC Section 403
- Section:
403
- Title:
Dishonest Misappropriation of Property
- Offence Type:
Bailable, Cognizable
- Punishment:
Imprisonment up to 2 years, or fine, or both
- Triable By:
Magistrate Court
Conclusion on IPC Section 403
IPC Section 403 plays a significant role in protecting property owners from dishonest acts by those entrusted with their movable property. It ensures that trust is not violated and that wrongful conversion is punishable under law. The section balances lawful possession with criminal liability for misuse.
In modern times, as property forms evolve, Section 403 continues to adapt through judicial interpretation, safeguarding property rights in various contexts. It remains a vital provision for maintaining trust and accountability in personal and commercial relationships.
FAQs on IPC Section 403
What is the main difference between Section 403 and theft?
Theft involves taking property without consent, while Section 403 applies when property is lawfully possessed but dishonestly converted for personal use.
Is Section 403 offence bailable?
Yes, offences under Section 403 are generally bailable, allowing the accused to seek bail as a right.
Can Section 403 apply to digital property?
Yes, courts have extended Section 403 to include dishonest misappropriation of digital or electronic movable property entrusted to a person.
Who can file a complaint under Section 403?
The owner or lawful possessor of the property can file a complaint if their entrusted property is dishonestly misappropriated.
What is the maximum punishment under Section 403?
The maximum punishment is imprisonment for up to two years, or a fine, or both, depending on the case.