Section 406 of Indian Penal Code, 1860
Meaning and Scope
Section of Indian Penal Code related to criminal breach of trust. It occurs when a person dishonestly misappropriates or converts to his own use any property entrusted to him, or when he breaches any trust reposed in him. This can include situations where a person is entrusted with property or funds and then uses or misuses them for their own purposes. This section is applicable where a person has been entrusted with property or funds and he dishonestly misappropriates or converts them to his own use, or breaches the trust reposed in him.
For example, if a person is entrusted with money by his employer for a specific purpose and then uses that money for his own personal use, he can be charged with criminal breach of trust under section 406.
Applicability
It is important to note that it is applicable when the person accused of criminal breach of trust has been entrusted with the property or funds by someone else. The section does not apply to cases where the accused is the owner of the property or funds in question.
For example, if a person is the owner of a property and he sells it to someone else, but fails to disclose that the property is subject to a mortgage or lien, he cannot be charged with criminal breach of trust under section 406.
It is important to note that the applicability of section 406 will depend on the specific facts and circumstances of each case.
It is important to note that the offense of criminal breach of trust is a serious offense and can lead to imprisonment and/or a fine. If you are facing charges under section 406 or are unsure about its applicability to your situation, it is advisable to seek legal advice. A lawyer can help guide you through the legal process, provide legal advice, and represent you in the court.
Punishment
It provides that 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.
