CRIMINAL MISAPPROPRIATION OF PROPERTY        The parties involve are A, as the accused and B, as the victim. Then, the iss...
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(8) criminal misappropriation of property

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disclaimer - this is just an attempt to answer the question for tutorial/assignment, pls double check with ur own notes for confirmation

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(8) criminal misappropriation of property

  1. 1. CRIMINAL MISAPPROPRIATION OF PROPERTY The parties involve are A, as the accused and B, as the victim. Then, the issue here iswhether B can be held liable for offence of criminal misappropriation of property as defined underSection 403 of the Penal Code and punishable under the same section for spending the money hefound belonging to B.LAW PRINCIPLE Section 403 defines criminal misappropriation of property as whoever (1) dishonestlymisappropriate OR (2) convert to his own use OR (3) causes any other person to dispose of anyproperty shall be punished with imprisonment for a term not less than 6 months and not more than5 years and with whipping and shall also be liable to fine. In order to determine the criminal liability of A, he must misappropriate the property ofanother person or convert to his own use or cause any other person to dispose of any property.CIRCUMSTANTIAL PRINCIPLE DEPENDING ON THE QUESTION Firstly, there is misappropriation of property of another person. According to illustration (e)to section 403, A finds a purse with money, not knowing to whom it belongs; he afterwards discoversthat it belongs to Z and appropriates it to his own use. A is guilty of this offence. In Sohan Lal vEmperor, it was stated that misappropriate means to set apart for or assign to the wrong person ora wrong use and this act must be done dishonestly. Dishonest is defined under section 24 as wheredoing anything with the intention of causing wrongful loss and wrongful gain under section 23, isgain by unlawful means of property and person is said loss wrongfully when he is wrongfully keptout of any property. Then, in the case of Tuan Puteh v Dragon, a broader definition of misappropriation hadbeen discover which means the retention by wrong person and the exclusion of the rightful owner. Secondly, there is conversion of property to one own use. Conversion to one’s own usedmeans to appropriate and uses another property without right as if it is one’s own. This can beillustrated in the case of Darugappa as the accused must not merely retain the property to thephysical exclusion of the real owner but also direct to his own use. Then, criminal misappropriation of property also may be done by causing another person todispose the property. STATE EXPLANATION 2 TO SECTION 403APPLICATIONCONCLUSION In conclusion, A may be held liable for offence of criminal misappropriation of property asdefined under Section 403 of the Penal Code and punishable under the same section for spendingthe money he found belonging to B.

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