The Indian Penal Code, also known as the IPC, is a comprehensive criminal code that lays down the laws and punishments for various offenses in India. One of the provisions of the IPC is Section 409, which deals with criminal breach of trust by a public servant, banker, merchant, or agent.
According to this section, whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant, banker, merchant, factor, lawyer, agent, or trustee, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
In simple terms, this means that if a person who is entrusted with property or has control over it in their capacity as a public servant, banker, merchant, or agent, misuses that trust and commits breach of trust, they can be punished with imprisonment for life or a term of up to ten years, and may also be fined.
For instance, if a public servant embezzles government funds or misuses their authority for personal gain, they can be charged under this section. Similarly, if a banker misappropriates the funds of their clients or a merchant cheats their customers by selling them defective goods, they can also be charged under this section.
It is important to note that the punishment under this section is more severe than that for simple breach of trust, as it involves the abuse of trust and authority by a person who holds a position of responsibility.
In conclusion, Section 409 of the IPC deals with criminal breach of trust by a public servant, banker, merchant, or agent and provides for severe punishment in such cases to deter such offenses and protect the trust and confidence of the public in these institutions.
is 409 ipc bailable and how to get bail?
Everything is going well. A dishonestly sells the goods. A person should not be charged with cheating and criminal breach of trust as both offences have different intricacies. In Krishan Kumar Vs. Hence, the Supreme Court had held that it is not necessary to prove misappropriation as the prosecution had proved that the accused had received the goods and removed the same from the railway depot.
Punishment the punishment for criminal breach of trust is three years imprisonment or with a fine or both Section 406. There is mens rea, or guilty mind is enough to establish a criminal breach of trust. Thank you for your love and support. What are the offences against property? Classification of offences relating to these sections are: CHAPTER XVII - OFFENCES AGAINST PROPERTY IPC Section Offence Punishment Cognizable or non-cognizable Bailable or non-bailable By what court triable 403 IPC Dishonest misappropriation of movable property, or converting it to one's own use Imprisonment for 2 years, or fine, or both Non-cognizable Bailable Any Magistrate 404 IPC Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it Imprisonment for 3 years and fine Non-cognizable Bailable Magistrate of the first class If by clerk or person employed by deceased Imprisonment for 7 years and fine Non-cognizable Bailable Magistrate of the first class 406 IPC Criminal breach of trust Imprisonment for 3 years, or fine, or both Cognizable Non-bailable Magistrate of the first class 407 IPC Criminal breach of trust by a carrier, wharfinger, etc Imprisonment for 7 years and fine Cognizable Non-bailable Magistrate of the first class 408 IPC Criminal breach of trust by a clerk or servant Imprisonment for 7 years and fine Cognizable Non-bailable Magistrate of the first class 409 IPC Criminal breach of trust by public servant or by banker, merchant or agent, etc Imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Magistrate of the first class IPC Section Offence Punishment Cognizable or non-cognizable Bailable or non-bailable By what court triable 411 IPC Dishonestly receiving stolen property knowing it to be stolen Imprisonment for 3 years, or fine, or both Cognizable Non-bailable Any Magistrate. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Compounded by the owner of the property in respect of which the breach of trust has been committed with the permission of the court. Punishment: the punishment for criminal misappropriation is two years imprisonment or with fine or both, whereas; the punishment for criminal breach of trust is three years imprisonment or with fine or both. Criminal breach of trust by carrier, etc.
The offence of criminal breach of trust and cheating cannot co-exist in the same set of facts and are directly opposed to each other. In Employees State Insurance Corporation Vs. What is the punishment for Criminal Breach of Trust? Possession: in criminal misappropriation, the property may or may not be in possession of the person who has misappropriated, whereas, in criminal breach of trust, the property has to be entrusted with the person committing the offence. If you have any problems or questions related to any matter, you may directly contact us or you may also leave a comment on any article on our website and we will contact you via email. Section 409 IPC covers dishonest misappropriation in cases where the receipt of the property is by a fraudulent or by improper means and also those where a public servant misappropriated. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
IPC 408 is a Non-Bailable offence. In March 2018, I started WritingLaw. Is criminal breach of trust Compoundable? Following are the punishment bestowed depending on the person who has committed the offence. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non- bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court. The goods were taken from the railway depot but were not delivered to Central Tractor Organization. The main ingredient of criminal breach of trust is entrustment, dishonest intention, and misappropriation. I hope you have a fruitful time here.
The prosecution was also unable to prove where and how misappropriation had taken place. Criminal Breach of Trust — INDIAN PENAL CODE IPC 405. But, let us make it clear already. Section 407 of Indian Penal Code. In that case, such employer shall be deemed to have been entrusted with the said deducted amount. A has committed criminal breach of trust. Y dishonestly misappropriates the property.
Building trust takes time but destroying it takes only seconds. The main motive was to make a modern law website that is clean, comfortable, and has few ads. The dishonest intention is subsequently developed to convert the property for his own use. Illustrations- a A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room.
What is the punishment for a Criminal Breach of Trust? For a criminal breach of trust, there has to be a dishonest intention, and the property must be in possession of the accused. What is Criminal breach of trust by clerk or servant? Let us look into the differences: Provision: Criminal misappropriation is defined under section 403 of the Indian Penal Code, 1860. A has committed criminal breach of trust. What is the difference between Criminal Breach of Trust and Cheating? We are not related to the any Govenment Body in any way. Classification of offences under Section 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 and 440 of Indian Penal Code 1860 Offences against property and punishment for the crime are defined under Section 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 and 440 of Indian Penal Code 1860. Criminal breach of trust by public servant, or by banker, merchant or agent. Categories Disclaimer: Some of you may confuse with Pradhan Mantri Vikas Yojana is a govenment authorised website.
The offence is cognizable and falls under the category of Non Bailable in IPC section 420. Here, Y has committed a criminal breach of trust. Section 405 — 409 of the Indian Penal Code deals with the Criminal Breach of Trust. Hence, the Supreme Court upheld the quashing of the criminal proceeding issued against the director initiated under section 405 of IPC. A has committed criminal breach of trust.
Y had dishonestly sold the furniture. I was my college topper for five years. Next, Law Note: My name is Ankur. When you entrust your property to someone to take care of, that person must take care with utmost good faith and not commit any fraud or use that property for his use. The accused had received the delivery of a wagonload of iron and steel from Tata Iron and Steel Co. When is dishonest misappropriation covered by Section 409 IPC? What is a Criminal Breach of Trust? The accused had given a false statement regarding the goods. Section 409 of Indian Penal Code.
