Introduction
IPC Section 406 deals with the crime of criminal breach of trust. This offense occurs when someone is entrusted with property or control over property, and they dishonestly use or dispose of that property for their own benefit or for someone else’s benefit, against the terms of the agreement or understanding under which the property was entrusted to them.
Definition of IPC 406
IPC Section 406 deals with the offense of criminal breach of trust. It occurs when a person, who is entrusted with property or dominion over property, dishonestly misappropriates or converts that property for their own use or for the use of another person, in violation of the terms of the trust or contract relating to the entrusted property.
What is Section 406 IPC ?
IPC Section 406 deals with the offense of criminal breach of trust, which involves the misappropriation or conversion of property entrusted to a person for a specific purpose.
IPC Section 406
Title: Dissecting IPC Section 406: Punishment for Criminal Breach of Trust
- Definition:
- This section deals with the offense of criminal breach of trust, which involves the misappropriation or conversion of property entrusted to a person for a specific purpose.
- Elements of the Offense: a. Entrustment of Property: The accused must have been entrusted with property or dominion over property. b. Dishonest Misappropriation or Conversion: The accused must have dishonestly misappropriated or converted the entrusted property for their own use or for the use of another person. c. Violation of Trust or Contract: The accused’s actions must be in violation of the terms of a trust or contract relating to the entrusted property.
- Punishment:
- The punishment for criminal breach of trust depends on the value of the property involved. If the property’s value is over ₹10,000, the punishment can include imprisonment for life or up to 10 years, plus a fine. For property valued under ₹10,000, the punishment can be imprisonment up to 3 years, a fine, or both.
- Aggravated Circumstances:
- If the criminal breach of trust is committed by a carrier, wharfinger, or clerk, or a person employed in the public service, the punishment may be more severe.
- If the criminal breach of trust is committed by a clerk or servant of a private individual, the punishment may be more severe.
- Evidentiary Considerations:
- The prosecution must establish that the accused was entrusted with the property, that they dishonestly misappropriated or converted it, and that their actions violated the terms of the trust or contract.
- The value of the property involved must be proven to determine the appropriate punishment.
- Legal Provisions:
- IPC Section 406 is a cognizable, non-bailable, and non-compoundable offense.
- The offense is triable by a Magistrate of the First Class or a Court of Session, depending on the value of the property involved.
IPC 406 Punishment
- The punishment for criminal breach of trust varies based on the value of the property involved and the circumstances of the case.
- If the value of the property involved exceeds ₹10,000, the punishment may extend to imprisonment for life or imprisonment of either description for a term up to 10 years, and a fine.
- If the value of the property involved is less than ₹10,000, the punishment may extend to imprisonment of either description for a term up to 3 years, or a fine, or both.
406 IPC bailable or not
IPC 406 for criminal breach of trust is generally considered non-bailable. This means that a person accused of dishonestly misappropriating property cannot typically be released on bail by a police officer or a lower court.
IPC 406 FAQs
What is IPC 406?
IPC 406 deals with the crime of criminal breach of trust. In simpler terms, it applies when someone is entrusted with property (money or belongings) but then dishonestly uses it for their own benefit, or converts it for their own use without permission.
What’s the punishment?
- Standard Punishment: Up to three years in jail and a possible fine. This typically applies to cases where the value of the property involved is less than ₹10,000.
- Increased Punishment: In some cases, the punishment can be harsher, with the possibility of imprisonment for life or up to 10 years, along with a fine. This usually applies when the value of the property misappropriated is more than ₹10,000.
Is IPC 406 bailable?
IPC 406 is generally considered non-bailable. This means getting bail after arrest can be difficult. However, there can be exceptions in specific situations, such as:
- Very low value of property involved and minimal harm caused.
- No history of similar offenses and strong community ties of the accused.
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