This offence only applies to people who are not related to or employed by the deceased.

The section specifically imposes a heavier punishment (up to seven years instead of three) when the offender was employed by the deceased as a clerk or servant at the time of death.

Bharatiya Nyaya Sanhita, 2023

Section 315

Dishonest misappropriation of property possessed by deceased person at the time of his

Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person’s 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.§

Why this exists

This section addresses the particular vulnerability of a deceased person's property in the gap before it legally passes to heirs, when household staff, caretakers, or others with access may be tempted to take advantage. The heavier punishment for servants or clerks of the deceased reflects the added breach of trust involved.

Common misconceptions

Myth: This offence only applies to people who are not related to or employed by the deceased.
Fact: The section specifically imposes a heavier punishment (up to seven years instead of three) when the offender was employed by the deceased as a clerk or servant at the time of death.