What is Section 462 IPC? Punishment for Same Offence When Committed by Person Entrusted with Custody
Published on: Lawiz Team
Learn about Section 462 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly or with intent to commit mischief breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 462 punishes anyone who dishonestly breaks open any locked receptacle containing property if they were entrusted with the custody of that property.
Purpose
To ensure stricter punishment for individuals who abuse their position of trust to steal from property they were supposed to protect.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The accused must be entrusted with the custody of the property. 2. They must dishonestly break open a locked receptacle containing the property. 3. The intent must be to take away the property.
Punishment Details
Imprisonment of either description for a term which may extend to three years, and a fine.
Illustrative Example
If a security guard who is entrusted with protecting a cash safe breaks it open to steal money, they are punishable under Section 462.
Legal Defenses
If the accused can prove that they had authority to open the receptacle, they may be acquitted.
Related Sections
Related to Section 461 (Dishonestly breaking open receptacle) and Section 406 (Criminal breach of trust).
Important Note
This section is stricter because the offender is in a position of trust.
FAQs
What does Section 462 IPC define?
Punishment for same offence when committed by person entrusted with custody.
How is 'Punishment for same offence when committed by person entrusted with custody' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 462 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 462?
Examples include real-life cases involving punishment for same offence when committed by person entrusted with custody.
Is Section 462 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 462 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 462 significant?
It holds importance in the framework of criminal law.