What is Section 405 IPC? Criminal breach of trust
Published on: Lawiz Team
Learn about Section 405 IPC: Criminal breach of trust
Official Legal Text
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, shall be said to commit “criminal breach of trust”.
What This IPC Section Means – Explained in Simple Words
Section 405 defines criminal breach of trust as dishonestly misappropriating or converting property entrusted to someone for their own use.
Purpose
To protect individuals from being defrauded by those they trust with their property or valuables.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Criminal Breach of Trust').
Key Elements
1. The property must be entrusted to the accused. 2. The accused must dishonestly misappropriate or convert it. 3. The property must be used for personal gain.
Illustrative Example
If an employee is given money to deposit in a bank but uses it for personal expenses, it is criminal breach of trust under Section 405.
Legal Defenses
If the accused can prove that they used the property for the intended purpose or with the owner's consent, they may be acquitted.
Related Sections
Related to Section 406 (Punishment for criminal breach of trust) and Section 403 (Misappropriation).
FAQs
What does Section 405 IPC define?
Criminal breach of trust.
How is 'Criminal breach of trust' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 405 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 405?
Examples include real-life cases involving criminal breach of trust.
Is Section 405 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 405 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 405 significant?
It holds importance in the framework of criminal law.