What is Section 409 IPC? Criminal breach of trust by public servant, banker, merchant or agent
Published on: Lawiz Team
Learn about Section 409 IPC: Criminal breach of trust by public servant, banker, merchant or agent
Official Legal Text
Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 409 punishes any public servant, banker, merchant, or agent who dishonestly misappropriates property entrusted to them.
Purpose
To ensure strict punishment for individuals in positions of trust who misuse public or private funds for personal gain.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.
Key Elements
1. The accused must be a public servant, banker, merchant, or agent. 2. The property must be entrusted to them. 3. The property must be dishonestly misused or converted.
Punishment Details
Imprisonment for life, or imprisonment of either description for a term which may extend to 10 years, and a fine.
Illustrative Example
If a bank manager misappropriates customer funds for personal use, it is an offence under Section 409.
Legal Defenses
If the accused can prove that the funds were used for official purposes with consent, they may be acquitted.
Related Sections
Related to Section 406 (Punishment for criminal breach of trust) and Section 408 (Breach of trust by clerk).
FAQs
What does Section 409 IPC define?
Criminal breach of trust by public servant, or by banker, merchant or agent.
How is 'Criminal breach of trust by public servant, or by banker, merchant or agent' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 409 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 409?
Examples include real-life cases involving criminal breach of trust by public servant, or by banker, merchant or agent.
Is Section 409 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 409 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 409 significant?
It holds importance in the framework of criminal law.