IPC Section 409 - Criminal Breach of Trust by Public Servant, or by Banker, Merchant, or Agent

Whoever, being in any manner entrusted with property in his capacity of a public servant, or in the way of his business as a banker, merchant, factor, broker, attorney, or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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Non-bailable, Cognizable

Official Text

“Whoever, being in any manner entrusted with property in his capacity of a public servant, or in the way of his business as a banker, merchant, factor, broker, attorney, or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused was a public servant, banker, merchant, factor, broker, attorney, or agent.
  • 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.
  • The accused had professional or official responsibility.

Potential Defenses:

  • The accused was not in the specified professional capacity.
  • No entrustment in professional capacity.
  • No criminal breach of trust occurred.
  • The accused acted in accordance with professional duties.
  • Property was lost due to circumstances beyond control.
  • The accused acted in good faith.

Practical Examples

What Constitutes the Offense:

A government official misusing public funds, a banker misappropriating customer deposits, a lawyer misusing client money, a broker stealing investor funds.

What Doesn't Constitute:

A public servant losing property due to natural disasters, a banker making legitimate business decisions that result in losses.

Important Case Laws

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

The Supreme Court emphasized the most severe punishment for breach of trust by public servants and professionals.

Punishment

Imprisonment for Life, or up to 10 years and Fine

Related Information

Connected Sections:

This section provides the most severe punishment for breach of trust by professionals and public servants. It follows Section 408.

Procedural Aspects:

The case is triable by a Court of Session. Maximum punishment reflects the highest level of trust and responsibility.

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