Introduction
IPC 408 deals with criminal breach of trust by someone you hired or employed (clerk, servant, etc.). If they dishonestly use your property for their own benefit, they can be punished under this law.
Definition of IPC 408
What’s the Crime?
The employee you trusted dishonestly misuses your property for their own benefit. This can involve:
- Taking your property without permission: Stealing money from your cash register, for example.
- Selling your property and keeping the money: A salesperson might sell your product and pocket the cash.
- Using your property for their own purposes: A driver might use your company car for personal errands.
What is Section 408 IPC ?
The crime is when the employee you trusted uses your property dishonestly for their own gain. This could mean taking your property without permission, like stealing money from your cash register, selling your property and keeping the money, or using your property for their own purposes, such as using your company car for personal errands.
IPC Section 408
Title: Unraveling IPC 408 – Criminal Breach of Trust by Clerks or Servants
Have you ever wondered what happens when a clerk or servant betrays the trust placed in them by their employer or master? The Indian Penal Code (IPC) Section 408 deals with this specific situation.
What is IPC 408 all about?
- This law covers the crime of breach of trust committed by clerks or servants who are entrusted with property by their employer or master.
Key Points:
- Trust with Property:
- The accused person, being a clerk or servant, was entrusted with property by their employer or master.
- Dishonest Misuse:
- The accused dishonestly misused or converted the entrusted property for their own benefit or someone else’s use.
- Violation of Trust:
- The accused’s actions went against the trust or agreement related to the property entrusted to them.
- Punishment:
- The punishment can be imprisonment of up to 7 years, along with a fine.
- Aggravating Factors:
- If the breach of trust by the clerk or servant led to the property’s destruction, defacing, removal, or concealment, the punishment may be more severe.
- Evidence Required:
- The prosecution must prove that the accused was a clerk or servant entrusted with property by their employer or master.
- They must also show that the accused dishonestly misused the property, violating the trust or agreement.
- Legal Provisions:
- IPC 408 is a non-bailable, non-compoundable offense.
- The case can be tried by a Magistrate of the First Class or a Sessions Court, depending on the value of the property involved.
- Relation to IPC 406:
- IPC 408 is a specific law dealing with breach of trust by clerks or servants regarding entrusted property.
- It is closely related to IPC 406, which covers the general offense of criminal breach of trust.
IPC 408 Punishment
Jail :The employee can face imprisonment for up to seven years.
Fine :They may also be fined by the court.
408 IPC bailable or not
IPC 408 for criminal breach of trust by a clerk or servant is generally considered non-bailable. This means that a person accused of dishonestly misappropriating property entrusted to them in their role (e.g., cashier, salesperson, helper) typically cannot be released on bail by a police officer or a lower court.
IPC 408 FAQs
What is IPC 408?
IPC 408 deals with a specific situation: criminal breach of trust by a clerk or servant. Imagine you hire someone to work for you, like a cashier, salesperson, or helper. This law applies if they dishonestly use something that belongs to you (your employer) for their own benefit.
Examples of Dishonest Use:
- A cashier stealing money from the cash register.
- A salesperson selling your product and keeping the cash.
- A helper taking your company supplies for personal use.
What happens if someone violates IPC 408?
- Imprisonment: Up to seven years in jail.
- Fine: The court may also impose a financial penalty.
Is IPC 408 bailable?
IPC 408 is generally considered non-bailable. This means getting bail after arrest can be difficult.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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