Tue. Nov 24th, 2020

Section 409 Criminal breach of trust by public servant, or by banker, merchant or agent

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Section 409 Criminal breach of trust by public servant, or by banker, merchant or agent.

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 breach of trust in respect of that property, shall be punished with 1[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Comments

Misappropriation of amount

Where the amount was not paid by passengers to the accused as such but to the Indian Airlines Corporation and as soon as the receipt for the amount actually received from the passengers was given by the accused on behalf of the corporation, he was entrusted with that amount. His conduct in falsifying the counter foil and fraudentently misappropriating the amounts would make him guilty of criminal breach of trust punishable under section 409; Som Nath v. State of Rajasthan, AIR 1972 SC 1990.

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