409 ipc. What is the punishment for 409 IPC? 2022-12-28
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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.
Y had dishonestly sold the furniture. 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. In that case, such employer shall be deemed to have been entrusted with the said deducted amount. Which is the best definition of IPC 408? A has committed criminal breach of trust. Y dishonestly misappropriates the property. The punishment for a criminal breach of trust is three years, ten years, or life imprisonment, depending upon the person entrusted with the property. Nature of Property: in criminal misappropriation, the property is moveable only.
How do you prove the Criminal Breach of Trust? Thank you for your love and support. In other words, the accused should be entrusted with the property in question. 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. What is Criminal breach of trust by public servant, or by banker, merchant or agent? In Employees State Insurance Corporation Vs. According to section 409 of Indian penal code, Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property … Is IPC section 408 bailable? Which is an offence under Section 409 of the Indian Penal Code? A has committed criminal breach of trust. Conclusion Criminal Breach of Trust is an offence where a person in a dominant position or who is entrusted with the property misappropriates or uses the property for his use or against the direction of the law or contract.
On the condition that X would pay the warehouse charge for storing the furniture on his return from the journey. I hope you have a fruitful time here. What are the offences against property? The offence is cognizable and falls under the category of Non Bailable in IPC section 420. Though criminal breach of trust involves criminal misappropriation, they are different. What is the punishment for the crime? Whereas, Criminal breach of trust is defined under Section 405 of the Indian Penal Code, 1860. When a person is entrusted with some movable or immovable property or has control over the property, converts or misappropriates the property for his use, uses or disposes of that property dishonestly, in violation of any law or direction in which manner the trust is to be discharged, or where the person has entered into a contract express or implied to discharge the trust or duty in the prescribed manner, then that person is said to have committed criminal breach of trust. In March 2018, I started WritingLaw.
Criminal breach of trust by public servant, or by banker, merchant or agent. Imprisonment for 2 years, or fine, or both Non-cognizable Bailable Any Magistrate 426 IPC Mischief Imprisonment for 3 months, or fine, or both Non-cognizable Bailable Any Magistrate 427 IPC Mischief, and thereby causing damage to the amount of 50 rupees or upwards Imprisonment for 2 years, or fine, or both Non-cognizable Bailable Any Magistrate 428 IPC Mischief of by killing, poisoning, maiming or rendering useless any animal of the value of 10 rupees or upwards Imprisonment for 2 years, or fine, or both Cognizable Bailable Any Magistrate 429 IPC Mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, etc. When is dishonest misappropriation covered by Section 409 IPC? 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. Is Criminal Breach of Trust and Criminal Misappropriation the same? Criminal breach of trust by clerk or servant. The accused had received the delivery of a wagonload of iron and steel from Tata Iron and Steel Co. Definition of IPC 408: Criminal breach of trust by clerk or servant.
The main motive was to make a modern law website that is clean, comfortable, and has few ads. Non -bailable means only court has discretion to grant bail or not. A has committed criminal breach of trust. The goods were taken from the railway depot but were not delivered to Central Tractor Organization. When a person dishonestly misappropriates or disposes of any moveable property for his use is called Criminal misappropriation. However, X does not invest the said amount in W Company; instead invests the same in Company P, believing that it will be profitable for Y, but X suffers loss.
A person should not be charged with cheating and criminal breach of trust as both offences have different intricacies. Punishment for criminal breach of trust. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which the breach of trust has been committed with the permission of the court. . I was my college topper for five years. 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.
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. Misappropriation: in criminal misappropriation, the property is misappropriated for his use only, whereas, in criminal breach of trust, the property can be misappropriated, disposed of, or conversed for his use. What is the meaning of IPC 408? The main ingredient of criminal breach of trust is entrustment, dishonest intention, and misappropriation. What is the punishment for criminal breach of trust? What is the punishment? The criminal breach of trust can be for moveable as well as immovable property. A dishonestly disobeys the direction and employs the money in his own business. 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. It covers immovable property also R K Dalmia Vs.
Categories Disclaimer: Some of you may confuse with Pradhan Mantri Vikas Yojana is a govenment authorised website. We are not related to the any Govenment Body in any way. There is no free consent. As a result, y has committed a criminal breach of trust. Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project. Features Criminal breach of trust Cheating Meaning When a person is entrusted with some movable or immovable property or has control over the property, converts or misappropriates the property for his use, uses or disposes of that property dishonestly, in violation of any law or direction in which manner the trust is to be discharged, or where the person has entered into a contract express or implied to discharge the trust or duty in the prescribed manner, then that person is said to have committed criminal breach of trust.
CLASSIFICATION OF OFFENCE Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable. Criminal breach of trust. 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. 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. Here, Y has committed a criminal breach of trust. Y has not committed a criminal breach of trust in such a case as he has not acted dishonestly.
