● Modified in BNS
Dishonestly misappropriating or converting movable property to one's own use now carries a mandatory minimum of 6 months' imprisonment plus mandatory fine under BNS Section 314 -- IPC 403 allowed a fine-only sentence with no minimum term at all.
Section 403 IPC punished dishonestly misappropriating or converting to one's own use any movable property with imprisonment of either description up to 2 years, or fine, or both -- fine alone was a valid sentence, and there was no minimum prison term.
BNS Section 314 reproduces the definition and all illustrations essentially verbatim, but changes the punishment clause to imprisonment of either description not less than 6 months but which may extend to 2 years, and fine -- fine is now mandatory alongside imprisonment, with no fine-only option remaining.
The conduct and definition are unchanged, but the punishment structure is genuinely tightened: a new mandatory minimum of 6 months' imprisonment is introduced, and the fine is now mandatory rather than an alternative to imprisonment.
Imprisonment of either description not less than 6 months but which may extend to 2 years, and fine..
IPC 403 is bailable..
This is a non-cognizable. offence.
Compoundable without the permission of the court, by the owner of the property misappropriated..
Matters under IPC 403 are tried before the Any Magistrate..
Common defences include a genuine and reasonable belief of lawful ownership or entitlement, absence of dishonest intention, and an honest intention to return the property or account for it to its rightful owner.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons