IPC Section 446
IPC Section 446 – Punishment for criminal breach of trust by public servant, or by banker, merchant, or agent
Section 446 IPC deals with the punishment for criminal breach of trust specifically committed by certain persons in positions of responsibility or trust.
Key Points:
Who can be punished under this section?
Public servants – government officials entrusted with property or money.
Bankers, merchants, or agents – anyone entrusted with property, money, or valuable goods in the course of business.
Nature of the offence
It applies when the person commits criminal breach of trust (as defined under Section 405 IPC) in respect of property entrusted to them.
That is, they dishonestly misappropriate or convert property that was legally entrusted to them.
Punishment
Imprisonment up to 7 years, and
Fine.
Distinguishing factor
The position of trust or responsibility makes the offence more serious.
Regular criminal breach of trust (Sec. 406 IPC) applies to any person; Sec. 446 IPC specifically punishes breach of trust by public servants, bankers, merchants, or agents.
Example
A government official is entrusted with public funds for a project but misappropriates the money for personal use.
Punishable under Sec. 446 IPC.
A banker is given a client’s deposit for safe-keeping but uses it dishonestly.
Also falls under Sec. 446 IPC.
An agent entrusted to sell goods for a merchant sells them dishonestly and keeps the money.
Liable under this section.
Purpose of Section 446 IPC
To strengthen trust in positions of responsibility, such as public service or financial roles.
To ensure that persons handling property or money in fiduciary roles do not misuse it.
Punishment is more severe than ordinary criminal breach of trust to deter abuse of trust.
Conclusion
Section 446 IPC punishes criminal breach of trust by persons in positions of responsibility like public servants, bankers, merchants, or agents. The punishment can be imprisonment up to 7 years and fine, recognizing the seriousness of abusing trust in professional or official roles.
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