Found a phone? Keeping it can be a crime.

Myth or fact?

What people often think.

• Myth: Finders keepers. If I found it, it is mine.
• Fact: Keeping it without trying to find the owner can be dishonest misappropriation (PPC s.403, Explanation 2).

The law.

Section 403, PPC.

“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.”

Pakistan Penal Code, 1860 · Section 403, Dishonest misappropriation of property

The finder rule.

Explanation 2, section 403.

• SafeTaking it to protect it for, or return it to, the owner.
• A crimeKeeping it when you know, or can find out, the owner.
• Also a crimeKeeping it before trying to find the owner and waiting a fair time.

Three examples.

Illustrations to section 403.

• A rupee on the roadOwner unknown. Not an offence.
• A letter with a noteThe letter shows the owner. Keeping it is an offence.
• A dropped pursePicked up to return, then kept. An offence.

Even for a while.

Explanation 1, section 403.

• The ruleMisusing it for a time only still counts.
• ExamplePledging a found note for a loan, meaning to return it later.

Quick quiz. The cheque.

Guess first, then swipe for the answer.

• A. No, owner unknown
• B. Yes, under s.403
• C. Only if he complains

Answer: B. Illustration (c).

Section 403, PPC.

• WhyThe drawer could lead you to the owner.
• SoUsing it without trying is an offence.

The punishment.

Section 403 and Schedule II, CrPC.

• The termUp to 2 years, or fine, or both.
• BailBailable. No arrest without a warrant.
• SettlingCompoundable with the court's permission.

A dead man's things.

Section 404, PPC.

• The actTaking what he held at death, before the lawful heirs take it.
• The termUp to 3 years, and fine.
• His servantUp to 7 years.

Found something?

Three steps, in this order.

• Keep it safeDo not use or spend it.
• Find the ownerID cards, contacts, a notice where you found it.
• WaitGive the owner a fair time to claim it.

Not sure?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• I found a wallet with an ID card in it. What does the law say I must do?
• What is dishonest misappropriation under section 403 PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 403
  Dishonest misappropriation of property Pakistan Code