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  • Read the given passage very carefully and answer the question Section 405 incorporated under the Indian Penal Code defines elaborately the offence of the criminal breach

Read the given passage very carefully and answer the question

Section 405 incorporated under the Indian Penal Code defines elaborately the offence of the criminal breach of trust. It states that in order to constitute the offence of criminal breach of trust, it must be established that the accused was entrusted with the property or with the dominion or power over the property of another person. Accordingly, a relationship is created between the transferor and the transferee, where the transferor remains the legal owner of the property and the transferee is bestowed with the custody of such property. Section 406 of the Indian Penal Code prescribes punishment in case of a breach of trust, whereas Sections 407 to 409 of the Indian Penal Code deal with the cases of aggravated forms of criminal breach of trust. For instance, in case of breach of trust by carrier, wharfinger, i.e. a manager of a place where ships may be fastened by chain or anchor to load or unload the cargo, or warehouse-keeper, or by a clerk or servant, or by a public servant, banker, merchant or agent, etc., the punishment may extend up to seven years of imprisonment with or without fine.

Section 405 of the Indian Penal Code requires doing something with respect to property that would indicate either misappropriation or conversion or disposal in contravention of any legal contract. A mere dispute of civil nature will not attract the provisions of the Sections of the criminal breach of trust.

Section 408 of the Indian Penal Code elaborates upon one of the serious forms of the criminal breach of trust and penalizes any person who is either a clerk or a servant and commits the offence of the criminal breach of trust. 

Qquestion

Which of the following essential is not required to be proved against any person who is alleged to have committed the offence of criminal breach of trust under IPC?

 

Option: 1

When the person utilizes the property for his own use.

 


Option: 2

 When the person dishonestly disposes off the property and causes another person to willfully suffer from such disposal

 


Option: 3

The defendant had malafide intention


Option: 4

The accused intended to cause wrongful loss to the victim

 


Answers (1)

best_answer

Section 405 of the Indian Penal Code states that the person who is alleged to have committed this offence must possess a dishonest intention to convert or use or dispose of the property that has been entrusted to him by the transferor. Furthermore, where the alleged accused dishonestly disposes of the property and causes another person to suffer from such disposal, then such a person is said to have committed the offence of criminal breach of trust. Causing wrongful loss to the victim is not a pre-requisite for offence of criminal breach of trust.

 

 

Posted by

Rakesh

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