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Introduction

IPC Section 405 applies when a person unlawfully uses or misuses property entrusted to them, intending to benefit themselves or others instead of fulfilling their entrusted responsibility.



Definition of IPC 405

IPC Section 405 addresses the crime of criminal breach of trust, which occurs when someone entrusted with property dishonestly misappropriates or converts it for their own use or for someone else’s benefit, violating the trust placed in them.


What is Section 405 IPC ?

PC Section 405 deals with the offense of criminal breach of trust. It occurs when someone who is entrusted with property dishonestly misappropriates or uses that property for themselves or others, violating the trust placed in them by the owner of the property.

IPC 405
Understanding IPC 405

IPC Section 405

Title: Demystifying IPC Section 405: Criminal Breach of Trust

  1. Definition:
    • IPC Section 405 addresses the crime of criminal breach of trust, which occurs when someone entrusted with property dishonestly misappropriates or converts it for their own use or for someone else’s benefit, violating the trust placed in them.
  2. Elements of the Offense:
    • The offense involves:
      • Entrustment of property to the accused.
      • Misappropriation or conversion of that property by the accused.
      • The accused’s dishonest intention to use the property for themselves or someone else.
  3. Types of Property Involved:
    • The property entrusted can be movable or immovable, and it may include money, documents, goods, or any valuable asset.
  4. Punishment:
    • Any person found guilty under IPC Section 405 shall be punished with imprisonment which may extend to three years, or with fine, or with both.
  5. Key Considerations:
    • The accused must have been entrusted with the property due to their official position, relationship, or any other means of trust.
    • The misappropriation or conversion must be done dishonestly, without the consent of the person who entrusted the property.
  6. Intent Requirement:
    • The prosecution needs to establish that the accused acted dishonestly with the intention of misappropriating or converting the entrusted property.
  7. Legal Provisions:
    • IPC Section 405 is a specific provision within the Indian Penal Code that aims to protect the interests of individuals who entrust their property to others.
  8. Application:
    • This section applies in various contexts such as financial transactions, employment, partnerships, or any relationship involving trust and fiduciary duties.
  9. Evidentiary Factors:
    • The prosecution must prove the existence of entrustment, misappropriation, dishonest intention, and the relationship between the accused and the person who entrusted the property.

IPC 405 Punishment

  • Simple Imprisonment: Up to two years in jail. This is the most likely penalty if the value of the stolen property is relatively low.
  • Fine: The court may also impose a fine as punishment. The amount of the fine can vary depending on the judge’s discretion and the seriousness of the offense.
  • Both Imprisonment and Fine: In some cases, the court might decide to impose both imprisonment and a fine. This is more likely for offenses involving higher-value stolen property.
IPC 405 Penalty
IPC Section 405 Punishment

405 IPC bailable or not

IPC 405 for criminal breach of trust is generally considered bailable. This means that a person accused of dishonestly misappropriating property can typically be released on bail by a police officer or a lower court.


IPC 405 FAQs

What is IPC 405?

What’s different from Theft?

Theft involves taking property that never belonged to you in the first place. In IPC 405, you were trusted with the property initially.

What kind of property applies?

Is IPC 405 bailable?


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