CBT.

Criminal breach of trust is a legal offense defined under Section 405 of the Indian Penal Code (IPC), 1860, and similar laws in other jurisdictions. It involves a person entrusted with property or having control over it dishonestly misappropriating or converting it to their use, or violating the trust in a manner that causes harm to the rightful owner. Here’s an overview:

Definition (Section 405 of IPC)

Whoever, being entrusted with property or with any dominion over property:

1. Dishonestly misappropriates or converts it to their use, or


2. Dishonestly uses or disposes of it in violation of any:

Direction of law prescribing the mode of its use, or

Legal contract made concerning the trust,




commits the offense of criminal breach of trust.

Key Elements of Criminal Breach of Trust

1. Entrustment: The accused must be entrusted with the property or have dominion over it.


2. Dishonest Misappropriation: The property must be dishonestly misappropriated or used in violation of the trust.


3. Violation of Trust: There must be a clear breach of the trust placed in the accused.



Examples

1. A cashier entrusted with the company’s funds who dishonestly uses the money for personal gain.


2. A jeweler given gold to make jewelry who sells it without permission.



Punishment (Section 406 of IPC)

The punishment for criminal breach of trust is:

Imprisonment: Up to 3 years, or

Fine, or

Both.


Aggravated Forms

Certain aggravated forms of criminal breach of trust are dealt with under specific sections of the IPC:

Section 407: Committed by a carrier, warehouse keeper, or anyone entrusted with goods.

Section 408: Committed by a clerk or servant.

Section 409: Committed by a public servant, banker, merchant, or agent.


Difference Between Criminal Breach of Trust and Theft

Theft: Property is taken without consent.

Criminal Breach of Trust: The property is lawfully entrusted, but the trust is dishonestly violated.


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