What is Section 406 IPC Bare Act?
Section 406 IPC Bare Act is the exact text of the Section 406 of the Indian Penal Code (IPC 406), passed by the Indian legislature or Parliament. Thus, it is a replica of the original Section 406 IPC available to the people of India by the Indian legislature or Parliament.
Section 406 IPC Bare Act (As Per the Indian legislature or Parliament)
406 IPC. Punishment for criminal breach of trust.— 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.
Definition of Section 406 IPC
Section 406 of the Indian Penal Code (Section IPC 406) deals with the offence of criminal breach of trust, which is committed when a person who has been entrusted with property dishonestly misappropriates it or converts it for his or her own use. This offence is taken very seriously under Indian law, and those found guilty of it can face severe punishment.
This section 406 IPC defines the punishment for an offence of criminal breach of trust that can be either imprisonment of a term which may extend to 3 years or fine or both, if the offence under the section 406 IPC is proved.
The complainant has to prove the dishonest intention of the accused with evidence under Section 406 IPC. Section 405 IPC has given the definition and meaning of criminal breach of trust.
What is Criminal Breach of Trust?
Criminal breach of trust occurs when a person to whom property is entrusted, either through an express or implied contract, dishonestly misappropriates it or converts it to his own use. The offense may also be committed if the person uses the property in violation of the conditions under which it was entrusted to him or her.
Elements of the Section 406 of the IPC Offence
To establish the offence of criminal breach of trust under Section 406 of the IPC, the following elements must be proved:
- The accused was entrusted with property or dominion over it.
- The accused dishonestly misappropriated or converted the property or used it in violation of the terms under which it was entrusted to him or her.
- The accused did so with the intention of causing wrongful gain to himself or herself or causing wrongful loss to the person who entrusted the property.
Example of Section IPC 406
Here are a few examples of cases that come under Section IPC 406:
- A company director entrusted with company funds diverts them for his personal use without authorization.
- A lawyer takes money from a client for a specific purpose, but instead uses it for his personal expenses.
- A trustee of a temple misuses the temple funds for personal gain.
- An employee entrusted with company property, such as a laptop or mobile phone, misuses it for personal reasons.
- A person entrusted with property by a friend or relative misuses it for personal gain.
Is IPC 406 Bailable or Not?
Section 406 of the Indian Penal Code (Section IPC 406) is a non-bailable offence, which means that bail is not a matter of right and can be granted at the discretion of the court. The severity of the offence and the circumstances of the case will be considered before granting bail to the accused. In some cases, the accused may have to approach the higher courts for bail.
Section 406 IPC Punishment?
Section 406 of the Indian Penal Code (Section IPC 406) deals with the offence of criminal breach of trust. The punishment for this offence is imprisonment for a term which may extend to three years, or a fine, or both.
Section 406 IPC Compoundable or Not?
Criminal breach of trust under section 406 IPC is a compoundable offence. Compoundable offence means complainant can compromise the case and agrees to close the case (This means this Section IPC 406 charged against the accused should be lifted or withdraw) and complainant must request in written compromise petition to the Honorable Court to close or withdraw the case.
Section 406 IPC Cognizable or Not?
Section 406 of the Indian Penal Code (Section IPC 406) is a cognizable offence. This means that the police can arrest the accused without a warrant and start an investigation on their own based on a complaint or information received about the offence.
However, the police are also required to follow the due process of law and obtain a warrant from the court if necessary. Once the investigation is completed, the police will submit their report to the court, which will then decide whether to take further action based on the evidence presented before it.
Section 406 IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :
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