Official Text
“Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”
Legal Analysis
Elements to Prove:
- All elements of Section 405 (criminal breach of trust).
- The accused committed the breach of trust.
- The breach was intentional and not accidental.
- The accused had control over the entrusted property.
Potential Defenses:
- No criminal breach of trust occurred.
- The accused acted in accordance with the trust.
- The property was used for the intended purpose.
- The accused had no dishonest intention.
Practical Examples
What Constitutes the Offense:
A person entrusted with money for a specific purpose using it for personal expenses, a caretaker selling entrusted property.
What Doesn't Constitute:
A person using entrusted property for the intended purpose, accidental damage to entrusted property.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court upheld the conviction under Section 406 for criminal breach of trust by a public servant.
Punishment
Imprisonment up to 3 years, or fine, or both
Related Information
Connected Sections:
This section provides the general punishment for criminal breach of trust. It follows Section 405.
Procedural Aspects:
The case is triable by any Magistrate. The punishment is imprisonment up to 3 years or fine or both.