Criminal Misappropriation of Trust and Breach of Trust


Accordingly, to the circumstances, the sentence under section 405 can be either three or seven years imprisonment or with both fines or both.

Any movable property sentence for the offense is two years imprisonment or a fine. This section refers to trust as the essential and breach of trust. Section 405 focuses on criminal breach of trust.

Essential Ingredients

The following must be present in order to constitute the misappropriation offense:

The property must be owned by another.

Criminal misappropriation is when the property belongs to someone other than the one being used dishonestly.

Case 1

Person A stole something from person B accidentally or unknowingly, but he returned it to B when he discovered that the property belonged to B. This case is not one of misappropriation.

Case 2

Person A stole something from person B unknowingly or by mistake, but he didn’t return the item even though he discovered that it belonged to B.

Finding the Right Property

A person takes property belonging to another road user, such as a wallet or gold ring, and keeps it for himself. The true owner may not be identified. However, the act of misappropriation is a crime.

Converts to Your Own Use

The essence “converts to his personal use” signifies the misuse or dealing with the property, in decrying ownership.

Sexton or clerk taking his master’s property

Section 381 of the Indian Penal Code punishes servants and clerks who steal property from their masters. Because the master or owner places greater trust on them to look after the property, this is why it is so.

Dishonest Intention

Section 378 Theft is defined as the misappropriation or theft of any movable property that is in the person’s possession. The act of theft must not be done without consent. To be considered, the act must meet these conditions:

To take over the property is a dishonest act

Movable property and not an immovable property

Without the consent of the concerned person

To execute the act, you must move the property

Criminal Breach of Trust – Offences that Affect Property

There are many offenses against property under Chapter XVII of the Indian Penal Code,1860. Many of these offenses involve the physical movement of property by the aggrieved party, while others only require an honest intention to do so.

Grave Forms of Criminal Misappropriation

Section 404 refers to an aggravated type of Criminal misappropriation. This section provides protection for the deceased in respect of property that is subject to special protection.

Key Ingredients

These ingredients are required to constitute Section404 in the Indian Penal Code.

(i) The good must include any movable property.

(iii) this property should be in the possession of the decedent at the time of death.

Scope of the Section

Any person who converts any movable property or goods to his own use is subject to imprisonment for either a second or combined term.

Criminal Breach of Trust

Section 405 states that this offense requires that a person confer property or dominion on it to others. This is essentially a trust that the victim gives to the offender in relation to his property.

The second is that the offender must misuse or convert the property for his own purposes. The offender may also fraudulently dispose of or use that property. This could even result in the violation of an implied or express contract between the defendant, the victim, and themselves.

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