Section 239Part 9 — Offences Relating to Property
Property belonging to others
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239. (1) Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having the right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having the right. 4 [ 4 See note 1(2) on p.134]
Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against that person) as belonging to the other.
Where a person gets property by another’s mistake and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against that person) as belonging to the person entitled to restoration and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds. Penal Code (2026 Revision) Section 240 c Revised as at 31st December, 2025 Page 107
Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation