What is Section 408 IPC? Criminal breach of trust by clerk or servant
Published on: Lawiz Team
Learn about Section 408 IPC: Criminal breach of trust by clerk or servant
Official Legal Text
Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that 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.
What This IPC Section Means – Explained in Simple Words
Section 408 punishes any clerk or servant who is entrusted with property by their employer and dishonestly misappropriates it.
Purpose
To ensure that employees entrusted with company or employer property do not misuse it for personal gain.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The accused must be a clerk or servant. 2. The property must be entrusted by the employer. 3. The property must be dishonestly misused or converted.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If an accountant is given cash to deposit in the bank but uses it for personal expenses, it is an offence under Section 408.
Legal Defenses
If the accused can prove that the money was used with the employer's permission, they may be acquitted.
Related Sections
Related to Section 406 (Punishment for criminal breach of trust) and Section 409 (Breach of trust by public servant).
FAQs
What does Section 408 IPC define?
Criminal breach of trust by clerk or servant.
How is 'Criminal breach of trust by clerk or servant' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 408 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 408?
Examples include real-life cases involving criminal breach of trust by clerk or servant.
Is Section 408 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 408 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 408 significant?
It holds importance in the framework of criminal law.