IPC Section 408
๐ Section 408 IPC โ Criminal breach of trust by clerk or servant
This section deals with criminal breach of trust committed by someone employed in a position of responsibility, like a clerk, servant, or agent.
๐น Textual Meaning
Whoever, being a **clerk or servant of any person, or employed as a factor, agent, or in any other fiduciary capacity in relation to the property of another person, commits criminal breach of trust in respect of that property, is punishable under Section 408 IPC.
In simple terms: If a person is entrusted with property because of their job or position and dishonestly misappropriates it, Section 408 applies.
๐น Key Ingredients of Section 408 IPC
Entrusted person
Must be a clerk, servant, agent, factor, or someone in a fiduciary relationship with the owner of the property.
Property involved
Can be movable property, money, documents of title, or any valuable item entrusted to the accused.
Dishonest misappropriation
The accused must dishonestly misappropriate or convert the property for their own use.
Knowledge and intent
The act must be intentional and dishonest.
Mere mistake, negligence, or unintentional loss is not punishable under this section.
๐น Punishment
Imprisonment: Up to 3 years, or
Fine, or
Both.
Note: If the value of property or trust is large, or the act is more serious, Section 406 IPC (criminal breach of trust general) or other sections may apply.
๐ Examples
A clerk in a bank withdraws money from a customerโs account for his personal use.
Entrusted person + misappropriation โ Section 408 IPC.
A servant entrusted with jewelry by the employer sells it secretly for profit.
Dishonest conversion โ Section 408 IPC.
An agent entrusted to deliver goods to a buyer instead sells the goods for personal gain.
Punishable under Section 408 IPC.
๐น Difference from General Criminal Breach of Trust
| Section | Focus | Punishment | Example |
|---|---|---|---|
| 406 | Criminal breach of trust by anyone | โค3 years, fine, or both | Misappropriating property entrusted by friend |
| 408 | Criminal breach of trust by clerk, servant, agent, or fiduciary | โค3 years, fine, or both | Clerk misappropriates employerโs money |
| 409 | Criminal breach of trust by public servant, banker, merchant, or agent | โฅ1 year, may extend to 10 years | Public servant misappropriates government funds |
โ
In short:
Section 408 IPC punishes a clerk, servant, or agent who dishonestly misappropriates property entrusted to them, with imprisonment up to 3 years, fine, or both.
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