Criminal Misappropriation

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Criminal misappropriation

Criminal misappropriation takes place when the possession has been innocently come by, but where, by a subsequent change of intention, or the knowledge of new fact with which the party was not previously acquainted, the retaining becomes wrongful and fraudulent. A person commits criminal misappropriation, if he:

  • Dishonestly misappropriates or converts any property into his own use,  
  • Such property should be movable.  

For Example – The retention of Money by a servant authorized to collect it from a person may be criminal misappropriation even though he retains it on account of wages due to him.

Whoever dishonestly misappropriates any movable property shall be punished with imprisonment, which may extend to two years, or fine, or with both.

Section 403 in The Indian Penal Code 403. Dishonest misappropriation of property.—Whoever dishonestly mis-appropriates 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.

Breach of trust and cheating

In cheating, the wrong-doer deceives any person dishonestly and fraudulently and induces such person to deliver any property. The wrongdoer may include the deceived person to do or omit an act. The act of cheating starts from inducing and ends when the wrong-doer obtains the property. Cheating may be done by any person. Cheating can be played against immovable property only. In cheating, property is removed from the possession of the owner by the cheater.

In trust, the owner of the property entrusts the property to the wrong-doer having “trust” and belief in him. The act of criminal breach of trust can be attributed, when the entrusted property was misappropriated. In the beginning, i.e. when the property is entrusted, no offence can be attributed. Generally, the criminal breach of trust is committed by the Bailees, carriers, executors, agents, employees, etc.

Criminal breach of trust can be played against movable or immovable property.  In this, the property is entrusted by the owner to the offender with a good faith and trust. Thereafter, the wrong-doer misappropriates it causing breach of trust.

falsification of records

Section 464: A person is said to make a false document:  

  • Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or
  • Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or
  • Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration.

Forgery

Forgery involves a false document, signature, or other imitation of an object of value used with the intent to deceive another. Those who commit forgery are often charged with the crime of fraud. Documents that can be the object of forgery include contracts, identification cards, and legal certificates. Most states require that forgery be done with the intent to commit fraud or larceny.

According to Section 463 of the Indian Penal Code, “Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.”

The term ‘fraud’ in Section 463 implies an infringement of someone’s legal right though not necessarily connected with deprivation of property. Intent to defraud implies (a) an intention to deceive and (b) such deception involving the causing of legal injury. Unless there is an element of fraud, the making of a false document would not amount to a forgery.

It should be noted that intention to cause injury is not an essential ingredient of the offence of forgery. As per Section 463, intention to cause damage or injury to the public or person is only one of the five situations. The other situations being: (i) to support any claim or title (ii) cause any person to part with property; (iii) enter into any implied or express contract; or (iv) with intent to commit fraud. The first component, namely, intention to cause damage is intent complete in itself.

The definition in Section 463 is itself subject to the definition in Section 464, in which the two essential Elements are that the act should be done ‘dishonestly and fraudulently’. In other words, whichever of the intents as provided in Section 463 are applicable, the act itself must be done dishonestly and fraudulently to sustain the allegation of forgery.

 

 

 


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Criminal misappropriation is a broad term that encompasses a variety of crimes involving the theft or misuse of property. Some of the most common types of criminal misappropriation include embezzlement, fraud, identity theft, larceny, robbery, and theft.

Embezzlement is the fraudulent appropriation of property entrusted to one’s care by another. For example, an employee who steals money from their employer is committing embezzlement.

Fraud is a crime that involves knowingly deceiving another person for personal gain. For example, a person who sells a fake product to another person is committing fraud.

Identity theft is a crime in which someone uses another person’s personal information, such as their name, Social Security number, or credit card number, without their permission. For example, a person who opens a credit card in another person’s name is committing identity theft.

Larceny is the unlawful taking and carrying away of another person’s property with the intent to deprive them of it permanently. For example, a person who steals a car is committing larceny.

Robbery is the taking of property from another person by force or threat of force. For example, a person who holds up a convenience store at gunpoint is committing robbery.

Theft is the taking of property without the Consent of the owner. For example, a person who shoplifts an item from a store is committing theft.

Criminal misappropriation can have serious consequences for both the offender and the victim. Offenders may be sentenced to jail time, fined, or ordered to pay restitution to the victim. Victims may suffer financial losses, emotional distress, and a loss of trust in others.

If you believe that you have been the victim of criminal misappropriation, it is important to report the crime to the police. You should also contact an attorney to discuss your legal Options.

Here are some tips to help you avoid becoming a victim of criminal misappropriation:

By following these tips, you can help protect yourself from criminal misappropriation.

What is a criminal misappropriation?

A criminal misappropriation is a crime that involves the unauthorized taking of property. This can include theft, fraud, and embezzlement.

What are the different types of criminal misappropriation?

There are many different types of criminal misappropriation, but some of the most common include:

What are the penalties for criminal misappropriation?

The penalties for criminal misappropriation can vary depending on the type of crime and the value of the property that was taken. However, in general, criminal misappropriation can result in a fine, imprisonment, or both.

How can I protect myself from criminal misappropriation?

There are a number of things you can do to protect yourself from criminal misappropriation, including:

What should I do if I think I have been a victim of criminal misappropriation?

If you think you have been a victim of criminal misappropriation, you should report it to the police immediately. You should also contact your bank or credit card company to report the fraud. You may also want to contact an attorney to discuss your legal options.

What are the signs of criminal misappropriation?

There are a number of signs that you may have been a victim of criminal misappropriation, including:

If you notice any of these signs, it is important to take action immediately. Report the fraud to the authorities and contact your bank or credit card company. You may also want to contact an attorney to discuss your legal options.

Sure, here are some multiple choice questions about the topics of theft, fraud, and forgery:

  1. Which of the following is NOT a type of theft?
    (A) Larceny
    (B) Embezzlement
    (C) Robbery
    (D) Criminal Misappropriation

  2. Which of the following is NOT a type of fraud?
    (A) Identity theft
    (B) Credit card fraud
    (C) Insurance fraud
    (D) Criminal Misappropriation

  3. Which of the following is NOT a type of forgery?
    (A) Counterfeiting
    (B) Check fraud
    (C) Document forgery
    (D) Criminal Misappropriation

  4. Which of the following is the most common type of theft?
    (A) Larceny
    (B) Embezzlement
    (C) Robbery
    (D) Criminal Misappropriation

  5. Which of the following is the most common type of fraud?
    (A) Identity theft
    (B) Credit card fraud
    (C) Insurance fraud
    (D) Criminal Misappropriation

  6. Which of the following is the most common type of forgery?
    (A) Counterfeiting
    (B) Check fraud
    (C) Document forgery
    (D) Criminal Misappropriation

  7. Which of the following is the most serious type of theft?
    (A) Larceny
    (B) Embezzlement
    (C) Robbery
    (D) Criminal Misappropriation

  8. Which of the following is the most serious type of fraud?
    (A) Identity theft
    (B) Credit card fraud
    (C) Insurance fraud
    (D) Criminal Misappropriation

  9. Which of the following is the most serious type of forgery?
    (A) Counterfeiting
    (B) Check fraud
    (C) Document forgery
    (D) Criminal Misappropriation

  10. Which of the following is the most common punishment for theft?
    (A) Fine
    (B) Imprisonment
    (C) Community service
    (D) Criminal Misappropriation

  11. Which of the following is the most common punishment for fraud?
    (A) Fine
    (B) Imprisonment
    (C) Community service
    (D) Criminal Misappropriation

  12. Which of the following is the most common punishment for forgery?
    (A) Fine
    (B) Imprisonment
    (C) Community service
    (D) Criminal Misappropriation

  13. Which of the following is the best way to prevent theft?
    (A) Be aware of your surroundings
    (B) Keep your valuables close at all times
    (C) Don’t leave valuables in your car
    (D) All of the above

  14. Which of the following is the best way to prevent fraud?
    (A) Be careful about who you give your personal information to
    (B) Be aware of scams
    (C) Don’t click on links in emails from people you don’t know
    (D) All of the above

  15. Which of the following is the best way to prevent forgery?
    (A) Be careful about who you give your personal information to
    (B) Be aware of scams
    (C) Don’t click on links in emails from people you don’t know
    (D) All of the above

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