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Question
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
Options
'A' is not guilty because when he took the property, he believed in good faith that it belonged to him.
'A' is guilty of an offence of misappropriation.
'A' may be guilty of theft but not for misappropriation.
'A' is not guilty as the property can be recovered from the stranger.
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Solution
'A' is guilty of an offence of misappropriation.
Explanation:
According to the section 403 of Indian Penal Code defines Dishonest misappropriation of property whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1. A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.
2. A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith belief that the real owner cannot be found.
The reasonable conclusion is drawn A is guilty of misappropriation is the correct.
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