BNS Section 253 - Criminal Breach of Trust
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust.
Official Text
“Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust.”
Legal Analysis
Elements to Prove:
- Entrusted with property.
- Dishonest misappropriation.
- Violation of trust terms.
Potential Defenses:
- No dishonesty.
- Authorized use.
- Good faith mistake.
Practical Examples
What Constitutes the Offense:
Embezzlement, misusing entrusted funds, violating trust agreements.
What Doesn't Constitute:
Lawful use, authorized actions, or good faith mistakes.
Punishment
Imprisonment up to 7 years, and Fine