IPC Section 408 - Criminal Breach of Trust by Clerk or Servant

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.

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Non-bailable, Cognizable

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused was a clerk or servant.
  • The accused was entrusted with property in that capacity.
  • The accused committed criminal breach of trust.
  • The breach was in respect of the entrusted property.
  • All elements of Section 405 were present.

Potential Defenses:

  • The accused was not a clerk or servant.
  • No entrustment in official capacity.
  • No criminal breach of trust occurred.
  • The accused acted in accordance with duties.
  • Property was lost due to circumstances beyond control.

Practical Examples

What Constitutes the Offense:

A bank clerk misusing customer deposits, a company employee stealing office equipment, a domestic servant misusing household funds.

What Doesn't Constitute:

An employee accidentally damaging company property, a servant losing entrusted items due to circumstances beyond control.

Important Case Laws

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

The Supreme Court upheld enhanced punishment for breach of trust by employees in positions of trust.

Punishment

Imprisonment up to 7 years and Fine

Related Information

Connected Sections:

This section provides enhanced punishment for breach of trust by employees. It follows Section 407.

Procedural Aspects:

The case is triable by a Magistrate of the first class. Enhanced punishment reflects the employment relationship.

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