409 ipc. is 409 ipc bailable and how to get bail? 2022-10-03
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The Indian Penal Code, also known as the IPC, is a comprehensive criminal code that lays down the laws and punishments for various offenses in India. One of the provisions of the IPC is Section 409, which deals with criminal breach of trust by a public servant, banker, merchant, or agent.
According to this section, whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant, banker, merchant, factor, lawyer, agent, or trustee, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
In simple terms, this means that if a person who is entrusted with property or has control over it in their capacity as a public servant, banker, merchant, or agent, misuses that trust and commits breach of trust, they can be punished with imprisonment for life or a term of up to ten years, and may also be fined.
For instance, if a public servant embezzles government funds or misuses their authority for personal gain, they can be charged under this section. Similarly, if a banker misappropriates the funds of their clients or a merchant cheats their customers by selling them defective goods, they can also be charged under this section.
It is important to note that the punishment under this section is more severe than that for simple breach of trust, as it involves the abuse of trust and authority by a person who holds a position of responsibility.
In conclusion, Section 409 of the IPC deals with criminal breach of trust by a public servant, banker, merchant, or agent and provides for severe punishment in such cases to deter such offenses and protect the trust and confidence of the public in these institutions.
What is the punishment for 409 IPC?
Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project. The accused had received the delivery of a wagonload of iron and steel from Tata Iron and Steel Co. Hence, the Supreme Court upheld the quashing of the criminal proceeding issued against the director initiated under section 405 of IPC. It covers immovable property also R K Dalmia Vs. In a criminal breach of trust, the property can be moveable as well as immovable. A has committed criminal breach of trust.
What is Criminal breach of trust by clerk or servant? What is the punishment for a Criminal Breach of Trust? When a person dishonestly misappropriates or disposes of any moveable property for his use is called Criminal misappropriation. A dishonestly sells the goods. For a criminal breach of trust, there has to be a dishonest intention, and the property must be in possession of the accused. Y had dishonestly sold the furniture. Is Criminal Breach of Trust and Criminal Misappropriation the same? Punishment the punishment for criminal breach of trust is three years imprisonment or with a fine or both Section 406. Criminal breach of trust by carrier, etc. Which is an offence under Section 409 of the Indian Penal Code? To prove the offence of criminal breach of trust, there has to be entrustment and dishonest intention.
The prosecution was also unable to prove where and how misappropriation had taken place. Possession: in criminal misappropriation, the property may or may not be in possession of the person who has misappropriated, whereas, in criminal breach of trust, the property has to be entrusted with the person committing the offence. Classification of offences under Section 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 and 440 of Indian Penal Code 1860 Offences against property and punishment for the crime are defined under Section 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 and 440 of Indian Penal Code 1860. In Employees State Insurance Corporation Vs. Cognizable Bailable Magistrate of the first class. Let us look into the differences: Provision: Criminal misappropriation is defined under section 403 of the Indian Penal Code, 1860.
What is Criminal breach of trust by carrier, etc? What is the section 408? Here, Y has committed a criminal breach of trust. Though criminal breach of trust involves criminal misappropriation, they are different. To constitute a criminal breach of trust, there have to be the following essential features: Firstly, entrustment; the property must be in possession of the accused. A has committed criminal breach of trust. .
Along with other duties, he was also responsible for delivering the consignment of goods received by rail for the Central Tractor Organization. The criminal breach of trust can be for moveable as well as immovable property. A has committed criminal breach of trust. Union of India, the accused worked as an assistant storekeeper in the Central Tractor Organization at Delhi. When is dishonest misappropriation covered by Section 409 IPC? Next, Law Note: My name is Ankur. Intention In a criminal breach of trust, the property is voluntarily entrusted to another person.
I am a law graduate. There is mens rea, or guilty mind is enough to establish a criminal breach of trust. Section 415 of IPC states that, whoever, fraudulently or dishonestly induces any person to deliver any property, consent to retain any property or induces to do or omit from doing any act, which causes or likely to cause any damages or harm to the property, mind, body or reputation of that person is called Cheating. A dishonestly misappropriates the property. Building trust takes time but destroying it takes only seconds. As a result, y has committed a criminal breach of trust.
Misappropriation: in criminal misappropriation, the property is misappropriated for his use only, whereas, in criminal breach of trust, the property can be misappropriated, disposed of, or conversed for his use. The offence is cognizable and falls under the category of Non Bailable in IPC section 420. Definition of IPC 408: Criminal breach of trust by clerk or servant. Thank you for your love and support. The dishonest intention is subsequently developed to convert the property for his own use. You can file the same either in high court or in sessions court.
Categories Disclaimer: Some of you may confuse with Pradhan Mantri Vikas Yojana is a govenment authorised website. Section 409 IPC covers dishonest misappropriation in cases where the receipt of the property is by a fraudulent or by improper means and also those where a public servant misappropriated. The offence of criminal breach of trust and cheating cannot co-exist in the same set of facts and are directly opposed to each other. Punishment for criminal breach of trust. What is the punishment for the crime? Features Criminal breach of trust Cheating Meaning When a person is entrusted with some movable or immovable property or has control over the property, converts or misappropriates the property for his use, uses or disposes of that property dishonestly, in violation of any law or direction in which manner the trust is to be discharged, or where the person has entered into a contract express or implied to discharge the trust or duty in the prescribed manner, then that person is said to have committed criminal breach of trust. Punishment: the punishment for criminal misappropriation is two years imprisonment or with fine or both, whereas; the punishment for criminal breach of trust is three years imprisonment or with fine or both.
Illustrations- a A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. Whoever, being entrusted with property as a carrier, wharfinger or warehouse- keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. This article will discuss what a criminal breach of trust is, its essential features, how do you prove criminal breach of trust, punishment for criminal breach of trust, is a criminal breach of trust and criminal misappropriation the same, and the difference between the criminal breach of trust and cheating. Criminal breach of trust by clerk or servant. There are so many instances when you cannot take care of the property, and you engage another person to take care of it in the manner as may be set out. The punishment for a criminal breach of trust is three years, ten years, or life imprisonment, depending upon the person entrusted with the property.
The victim is fraudulently induced to entrust the property or do or omit from doing any act. Everything is going well. Non -bailable means only court has discretion to grant bail or not. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable. Thirdly, the property which is entrusted need not be limited to moveable property. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 409 of Indian Penal Code.
