SECTION 406

What is a criminal breach of trust?

     This Kanooni Dhara is defined under the section 405.

     Anyone who is entrusted with some property, dishonestly misappropriates or converts the property for his/her own use or dishonestly uses or disposes of that property in violation of any direction of law, commits the offence of criminal breach of trust.

Punishment: Any person liable for an offence under this section shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine or with both.

Example: Abhay, a warehouse keeper is entrusted to store some furniture of Tanvi. Abhay dishonestly sells those goods to someone else. Here Abhay has committed criminal breach of trust and he shall be liable for punishment given under this section.

Composition under section 320 Cr.P.C: This section is  listed under Compoundable Offences i.e. compromise or settlement can be entered into by the parties.

Offence Punishment Cognizance Bail Triable By
Punishment for criminal breach of trust Imprisonment upto 3 years or fine or both Cognizable Non-bailable Magistrate of the first class
Offence Punishment for criminal breach of trust
Punishment Imprisonment upto 3 years or fine or both
Cognizance Cognizable
Bail Non-bailable
Triable By Magistrate of the first class