IPC Section 407 - Criminal Breach of Trust by Carrier, Wharfinger, etc.

Whoever, being entrusted with property as a carrier, wharfinger, or warehouse-keeper, commits criminal breach of trust in respect of such 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.

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Non-bailable, Cognizable

Official Text

“Whoever, being entrusted with property as a carrier, wharfinger, or warehouse-keeper, commits criminal breach of trust in respect of such 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.”

Legal Analysis

Elements to Prove:

  • The accused was entrusted with property as a carrier, wharfinger, or warehouse-keeper.
  • The accused committed criminal breach of trust.
  • The breach was in respect of the entrusted property.
  • The accused had professional responsibility for the property.
  • All elements of Section 405 were present.

Potential Defenses:

  • The accused was not a carrier, wharfinger, or warehouse-keeper.
  • No criminal breach of trust occurred.
  • The property was lost due to circumstances beyond control.
  • The accused acted in accordance with professional duties.

Practical Examples

What Constitutes the Offense:

A courier company employee stealing packages, a warehouse keeper selling stored goods, a transport company misusing entrusted cargo.

What Doesn't Constitute:

A carrier losing goods due to accident, a warehouse keeper damaging goods due to natural causes.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized enhanced punishment for breach of trust by professionals in charge of property.

Punishment

Imprisonment up to 7 years and Fine

Related Information

Connected Sections:

This section provides enhanced punishment for breach of trust by professionals. It follows Section 406.

Procedural Aspects:

The case is triable by a Magistrate of the first class. Enhanced punishment reflects the professional responsibility.

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