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1The Penal Code, 1860

( ACT NO. XLV OF 1860 )

Chapter XVII

OF OFFENCES AGAINST PROPERTY

Of Criminal Misappropriation of Property

Dishonestly misappropriation of property possessed by deceased person at the time of his death
404. Whoever dishonestly misappropriates or converts to his own use 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 possession of any person entitled to such possession dishonestly misappropriates it. A has committed the offence defined in this section.

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    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial Government” or “Central Government or any Provincial Government” or “Central Government” or “the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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