IPC Section 405
Certainly! Here's an explanation of IPC Section 405:
IPC Section 405: Criminal breach of trust
Text of Section 405:
*"Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, *or wilfully suffers any other person so to do, commits ‘criminal breach of trust’."
Explanation:
Entrusted with property: The accused must have been entrusted with property or have control over it.
Dishonest misappropriation or conversion: The accused dishonestly takes or uses the property for his own benefit.
Violation of trust: The act is done in violation of legal instructions or contractual obligations regarding that property.
Criminal breach of trust is essentially a breach of confidence by a person who was trusted with property.
Examples:
An employee entrusted with money for a specific purpose uses it for personal reasons.
A person given possession of goods for safekeeping sells them without permission.
Punishment (under Section 406 IPC):
Imprisonment up to 3 years, or
Fine, or
Both.
Important:
It is different from theft, as in criminal breach of trust the accused was legally entrusted with the property initially.
The dishonesty and violation of trust are crucial elements.
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