Can Wife File Court Case Against Husband Under Section 406 IPC ?

406 IPC against wife - 406 IPC Bailable or Not - 406 IPC Compoundable or Not

Can Wife File Court Case Against Husband Under Section 406 IPC ?

What is Section 406 IPC ?

Section 406 IPC tells about punishment for criminal breach of trust. If any person commits criminal breach of trust then that person will be get punished under section 406 IPC.

406 IPC 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.

“All Breach of Trust is not a Criminal Breach of Trust But All Criminal Breach of Trust is Breach of Trust.”
Let’s understand criminal breach of trust first with some example.

Example 1 : Suppose there are three friends named A, B and C. A asked to B that tomorrow we will go to see the movie and B agreed but tomorrow B went for movie with C (third person).

Now A feels that B has done breach of trust. In this case, Can A file a case against B under section 406 IPC? The answer is “no” because this is breach of trust but not a criminal breach of trust.

Example 2 : Suppose there are three persons named A, B and C. A has a plot/land and asked to B to do farming and whatever grains will happen we will share 50% among us and B agreed.

B started farming on A’s land and after few years C thought this is the land of B and shows interest to buy and asked to B to sell this land to C and B agreed and sold the land to C but this was the land of A.

A is the only owner of this land, so, A can file a court case against B under section 406 IPC because B has done criminal breach of trust.

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Can wife file court case against husband under section 406 IPC ?

Wife can not file court case against husband under section 406 IPC.

Husband and Wife relation is a unique relation where we assume that we have two bodies but one soul and that’s why after marriage, for each property, both husband and wife has equal rights.

Let’s understand why wife can not file court case against husband u/s 406 IPC with examples :

Example 1 : Suppose the husband bought a car before marriage, the car is registered on the name of husband. After marriage, the wife also has the right over the husband’s car.

The husband did not have enough money to survive and the husband wants to sell the car but the wife does not want to.

Now the question is can wife file a court case against her husband under section 406 IPC as after marriage she also has rights on the car. The answer is NO. In this case wife can not file court case against her husband under section 406 IPC.

Example 2 : Suppose husband got some money as a gift during the marriage and now husband has filed contested divorce.

Now the question is can wife file a court case against her husband under section 406 IPC to get money because after marriage she also has rights.

The answer is NO. In this case wife can not file court case against her husband under section 406 IPC. There is no criminal breach of trust happened and money is not a stridhan.

Note : Any spouse can not file case against another spouse under section 406 IPC to dominion over or to take property and/or money into custody.

Example 3 : Suppose husband does not have enough money for survival and the daughter needs doctor consultation and medical treatment. The husband thought that if he would sell the jewelry bought by the husband for his wife, he would get money for his daughter’s treatment.

Husband has only option to sell wife’s jewelry for daughter’s consultation and treatment but wife doesn’t want to sell her jewelry and wife told husband that if husband will sell her jewelry then she will file suit under section 406 of IPC Because jewelry is Streedhan.

Now the question is what if the husband sells his wife’s jewelry for the treatment of his daughter, can the wife file a court case against her husband under section 406 of IPC?

The answer is NO. In this case wife can not file court case against her husband under section 406 IPC. There is no criminal breach of trust because there is no crime done by husband.

Note : Based on Example 3, it is clear that nothing is personal property after marriage i.e. both husband and wife have equal rights over each other’s property. Both husband and wife are equally responsible for the care of children.

An act can be Criminal act if :
  1. There is criminal act done and
  2. Act done with criminal mindset.