Section 314 BNS – Section 314 of New Bharatiya Nyaya Sanhita

Definition of Section 314 BNS

Section 314 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of dishonestly misappropriating or converting movable property to one’s own use. This section is part of Chapter XVII, which deals with offenses against property.

Key elements of the offense:

Definition of the Offense

The law states that:

• Whoever dishonestly misappropriates or converts to his own use any movable property shall face punishment. The punishment includes:
  • Imprisonment for a term not less than six months, extendable up to two years.
  • A monetary fine may also be imposed123.

Key Elements

1. Dishonest Intention: The offender must have the intention to possess the property dishonestly.
2. Conversion for Personal Use: The property must be converted for personal benefit.
3. Movable Property: The section specifically pertains to movable property, distinguishing it from immovable assets23.

Illustrations

Several examples clarify the application of this section:

• Example (a): If a person (A) takes property from another (Z) in good faith believing it belongs to him, he is not guilty of theft. However, if A later discovers the truth and still keeps the property, he commits an offense under this section.
• Example (b): A takes a book from Z’s library without consent, believing he has implied permission. If A sells the book later, he is guilty of misappropriation.
• Example (c): Joint owners (A and B) of a horse do not commit misappropriation if A uses it as intended; however, selling it and keeping the proceeds constitutes an offense123.

Exceptions

The law provides exceptions where a person who finds lost property and intends to return it is not guilty unless they appropriate it for personal use after knowing the owner’s identity or failing to make reasonable efforts to return it235.This section reflects a significant shift in legal terminology and approach from the Indian Penal Code (IPC), aiming to streamline and clarify laws regarding property offenses in India.