![]() It means handing over a property to another person for certain specific reasons but it must be pointed out that entrusting gives only limited rights to the other person it does not grant them proprietary rights or the right of ownership over the property. The word ‘entrust’ is of immense importance in this section. The use of the word ‘property’ is not restricted to only movable or immovable property. Delhi Administration (1962), held that the word ‘property’ in Section 405 IPC has been used in different senses. Here, it is to be noted that the section talks about only ‘property’ so it can either be a movable property or an immovable property. Here, the trust that A has over B is breached by B and it is done with a dishonest intention therefore it shall be termed as criminal breach of trust. For example, A entrusted his bicycle to B to repair it but he uses it for his own purpose. In layman’s terms, a criminal breach of trust involves trust regarding a property that one person entrusts to another person (namely the accused) and he breaks or violates it with a dishonest intention and consequently, it becomes a criminal act. It can be explained as a kind of fiduciary relationship. “Trust” can be defined as confidence or belief in someone’s character, ability, strength, or truth. It can be a promise, a code of conduct or in our case, trust. “Breach” can be understood as a violation of something. “Criminal” means something that is prohibited under the law- which the law does not permit or is morally wrongful. Let us understand the meaning of each word. By dismantling the phrase, we get three different words. Sections 407, 408 and 409 of the IPC talks about criminal breach of trust by carrier, etc criminal breach of trust by clerk or servant and criminal breach of trust by public servant or by banker, merchant or agent respectively. ![]() Criminal breach of trust has been defined under Section 405 of IPC and Section 406 deals with the punishment of the same. IntroductionĬhapter XVII – Sections 378 to 462 of the Indian Penal Code,1860 (“IPC”) deals with offences against property. The article exclusively discussed Section 405 IPC, differences between Section 405 and Section 403 IPC and case laws related to it. This article talks about Section 405 of the Indian Penal Code i.e., criminal breach of trust. ![]() This article is written by Aashiya Rahman, a student of Jogesh Chandra Chaudhuri Law College, Kolkata.
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