Bailabel Type : non-bailable

Description

IPC Section 406 deals with criminal breach of trust, which occurs when a person entrusted with property or funds dishonestly misappropriates or converts it for their own use. This section covers various situations where an individual, having control over property or funds of another, betrays that trust.

Description:

1. Criminal Breach of Trust:

   • A criminal breach of trust occurs when a person who is entrusted with the property or funds of another person, dishonestly misappropriates or converts the property for their own use or disposes of it in a manner not authorized by the owner.

2. Entrustment of Property:

   • The key element of this offense is that the person committing the breach must have been entrusted with property or funds in a fiduciary or trust-based relationship.
   • The property or funds could be entrusted in various forms, such as for safekeeping, loaning, or for handling a specific task, and the breach occurs when the person acts dishonestly in handling it.

3. Key Elements of the Offense:

   • Entrustment: The property must have been entrusted by the owner to the accused person.
   • Dishonesty: The accused must have acted dishonestly, meaning that they took or used the property for unauthorized purposes.
   • Misappropriation or Conversion: The accused must have either misappropriated the property (taken it for their use) or converted it to something else (for example, selling the property without permission).

4. Examples of the Offense:

   • An employee who is given company funds for a specific purpose but keeps the funds for personal use.
   • A tenant who is entrusted with a landlord's property (such as an appliance or vehicle) but sells it or uses it without permission.
   • A business partner who misappropriates money from the business for personal gain.

Punishment

Imprisonment:

• The punishment for criminal breach of trust under Section 406 is imprisonment for a term that may extend to 3 years.

Fine:

• The offender may also be subjected to a fine.

Both:

• The punishment can include both imprisonment and fine depending on the circumstances and severity of the breach.