Browse by Stream
QnA
Home
QnA
Go To Your Study Dashboard

Get Answers to all your Questions

header-bg qa
  • Home
  • Law
  • 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

Kavita and Saurav got married and registered their marriage under Hindu Marriage Act. They have three children Kavita contended that in her matrimonial home, she was subjected to cruelty. Her Stridhan was entrusted to her husband. She demanded to get back her stridhan property. 

 

Option: 1

This is a civil matter and no criminal case can be filed in this regard

 


Option: 2

Kavita entrusted her Stridhan to her husband if the husband misappropriates it then he is held guilty under Section 405

 


Option: 3

Husband and wife are considered one in-law, therefore, a person cannot file a case against own self

 


Option: 4

The husband has an equal right over the wife’s stridhan, it is their shared property, therefore, it cannot be said that the wife entrusted the property to her husband

 


Answers (1)

best_answer

In Rashmi Kumar v. Mahesh Kumar Bhada (1996), the Supreme Court held that the wife is the owner of Stridhan and that if she has entrusted her property to her husband. The husband only has dominion over it. If he or any member of his family breaches such entrustment and uses the same dishonestly for their own use or misappropriates it, they shall be held liable for the offence of criminal breach of trust under Section 405 IPC.

 

 

Posted by

Gunjita

View full answer

Similar Questions

Trending Articles/News

anam-khan

CLAT 2025 Hearing LIVE: Delhi HC seeks response from Consortium in 2 weeks; next hearing on April 7
anam-khan

CLAT PG counselling 2025 dates soon for LLM; category-wise expected cut-offs for top NLUs
anam-khan

CLAT 2025 counselling likely to begin after Delhi HC hearing on March 3; selection process explained

Latest Question