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The only difference between the two is that in respect of criminal breach of trust, the accused is entrusted with property or with dominion or control over the property. As the title to the offense itself suggests, entrustment or property is an essential requirement before any offense under this section takes place.
- Introduction
- What Is Criminal Breach of Trust
- Essentials of Criminal Breach of Trust
- Difference Between Criminal Breach of Trust and Criminal Misappropriation
- Case Laws
- Conclusion
- Frequently Asked Questions
- References
Chapter XVII – Sections 378 to 462 of the Indian Penal Code,1860 (“IPC”) deals with offences against property. Criminal breach of trust has been defined under Section 405 of IPC and Section 406 deals with the punishment of the same. Sections 407, 408 and 409of the IPC talks about criminal breach of trust by carrier, etc; criminal breach of trust by...
In layman’s terms, a criminal breach of trust involves trust regarding a property that one person entrusts to another person (namely the accused) and he breaks or violates it with a dishonest intention and consequently, it becomes a criminal act. For example, A entrusted his bicycle to B to repair it but he uses it for his own purpose. Here, the tr...
There are certain essential factors that must be fulfilled for criminal breach of trust to take place. They are as follows: 1. Entrustment of property to the accused is mandatory. 2. That the person must dishonestly misappropriate or convert such property for his own use or wilfully make any other person use such property. 3. There must be a violat...
The differences between criminal breach of trust and criminal misappropriation are listed below: 1. Criminal misappropriation is defined in Section 403 IPC and criminal breach of trust in Section 405 as we have read above. Criminal misappropriation is defined in Section 403 IPC as:“Whoever dishonestly misappropriates or converts to his own use any ...
Jaswantlal Nathalal V. State of Gujarat
In a landmark judgement of Jaswantlal Nathalal v. State of Gujarat (1967),a contract for the construction of a building for the government litho-printing press was given to the respondent by the government of Gujarat. Delivery of 5 tons, or 100 bags of cement was made to the respondent by Deputy Engineer (Construction sub-division, Ahmedabad). Thereafter, the respondent transferred 40 bags of cement to a godown and made delivery of the remaining 60 bags of cement to the construction site. The...
State of UP v. Babu Ram Upadhya
In the case of State of UP v. Babu Ram Upadhya(2000), the respondent was a Superintendent of Police. He visited a village to investigate a case of theft. Lalji, an ex-patwari of Mohinuddinpur was accompanying him. While returning in the evening he saw Tika Ram coming from one side of a canal and rushing towards a field. It appeared that he was carrying something in the folds of his dhoti. Since his movements were not normal, the S.I. searched him and got hold of a bundle of currency notes. Th...
Jaswant Rai Manilal Akhaney v. State of Bombay
In the case of Jawant Rai Manilal Akhaney V. State of Bombay(1956), the accused was the Managing Director of the Exchange Bank of India. It was observed by the Court that he was in full control of the accounts of the bank. It was impossible to believe that he was not aware of the fact that his bank was obliged to pay the Cooperative Bank money by way of overdraft. Therefore, it cannot be assumed that the accused had no knowledge of it. It was further held that the accused might have made a mi...
For the offence of criminal breach of trust to be committed it is necessary that all its essential elements be fulfilled. There must be entrustment of property. It should give rise to a fiduciary relationship between the two parties. The accused must have dominion over the property. And that he has broken the trust of the other party by converting ...
What are the essential ingredients required for offence of criminal breach of trust?
The essential ingredients that are required for offence of criminal breach of trust are dominion over property, dishonest intention to use the property for one’s own use or disposal of the property and breach of law.
Whether it is a bailable or non-bailable offence?
The offence of criminal breach of trust is a non-bailable offence.
Whether the offence under Section 405 IPC is compoundable or non-compoundable?
It is a compoundable offence.
- Rachit Garg
Nov 7, 2017 · It is nothing but the offence of criminal misappropriation defined under section 403. The only difference between the two is that in respect of criminal breach of trust, the accused is handed over with the property or with the power or control over the property.
Aug 20, 2014 · The only difference between the two is that in respect of criminal breach of trust, the accused is entrusted with property or with dominion or control over the property. As the title to the offense itself suggests, entrustment or property is an essential requirement before any offense under this section takes place.
Dec 9, 2019 · The only difference between the two is that in the scope of criminal breach of trust, the defendant is entrusted with property or with dominion or control over the property. As the title to the breach of law itself suggests, entrustment of property is an essential requirement before any offence under this section takes place.
There should be an entrustment by one person to another of the property, or with any dominion over property; such entrustment must be in the trust; there must have been a misappropriation or conversion to his own use by the person who received the property in trust;
People also ask
What is the difference between entrustment and property?
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Aug 13, 2023 · Entrustment of Property (Both Movable and Immovable) Definition: Entrustment refers to the act of confiding or placing property in the charge or trust of someone. It implies a fiduciary relationship where one party relies on the other to manage, use, or take care of the property.
