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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

Kavishar Das was a Superintendent of Police. He visited an area within his jurisdiction to investigate a case of robbery. Choppar Tai, an ex-patwari of the area was accompanying him. While returning he saw Tillu coming from one side of the river running towards a field. It appeared that he was carrying something in his trousers. As he was running weirdly, the officer on search found a bundle of currency notes. The police officer took the bundle in his custody and later returned them to Tillu. Tllu alleged that Rs. 4000 are missing from the bundle of notes. What is the liability of Kavishar Das?

 

Option: 1

There was an entrustment of property and hence an offence under Section 405 IPC was committed

 


Option: 2

No offence was committed by Kavishar Das as Tillu acted suspiciously and he is lying

 


Option: 3

  There was no entrustment hence offence is not of criminal breach of trust but of cheating


Option: 4

There was an entrustment of property and hence an offence under Section 409 IPC was committed

 


Answers (1)

best_answer

In the case of State of UP v. Babu Ram Upadhya (2000), the apex Court held that if there was an entrustment of property and the person taking dominion over such property converted it to his own use. Therefore, an offence under Section 409 IPC was held. In this case, the court decided on the similar facts.

 

 

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