IPC Sections 406, 407, 408 and 409: Punishment for Criminal Breach of Trust
Sections 406 to 409 of the Indian Penal Code, 1860 prescribe punishment for criminal breach of trust and enhanced punishment where the offence is committed in specified capacities, including by a carrier, wharfinger, warehouse-keeper, clerk, servant, public servant, banker, merchant, factor, broker, attorney or agent.
What Is Criminal Breach of Trust Under Section 405 IPC?
Section 405 IPC defines criminal breach of trust. In substance, the offence requires entrustment of property or dominion over property followed by dishonest misappropriation or conversion, dishonest use or disposal contrary to a direction of law or an express or implied legal contract governing the trust, or wilfully suffering another person to do so.
Section 406 IPC - Punishment for Criminal Breach of Trust
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 406 at a Glance
- Section 406 provides the general punishment for criminal breach of trust.
- The underlying offence must satisfy the definition in Section 405 IPC.
- Maximum imprisonment: three years, or fine, or both.
Section 407 IPC - Criminal Breach of Trust by Carrier, Wharfinger or Warehouse-Keeper
Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Essential Features of Section 407
- The accused must be entrusted with property in the capacity of a carrier, wharfinger or warehouse-keeper.
- Criminal breach of trust must be committed in respect of that property.
- Imprisonment may extend to seven years and fine is additionally provided.
Section 408 IPC - Criminal Breach of Trust by Clerk or Servant
Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Essential Features of Section 408
- The accused must be a clerk or servant, or employed in that capacity.
- Entrustment of property or dominion over property must arise in that capacity.
- The accused must commit criminal breach of trust in respect of the property.
- Imprisonment may extend to seven years and fine is additionally provided.
Section 409 IPC - Criminal Breach of Trust by Public Servant, Banker, Merchant or Agent
Whoever, being in any manner entrusted with property, or with any dominion over property in the capacity of a public servant or in the way of business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 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.
Essential Features of Section 409
- There must be entrustment of property or dominion over property.
- The entrustment must arise in the specified capacity of public servant or in the course of business as banker, merchant, factor, broker, attorney or agent.
- The accused must commit criminal breach of trust in respect of that property.
- The punishment is imprisonment for life, or imprisonment of either description up to ten years, and fine.
Punishment Comparison: Sections 406 to 409 IPC
| Section | Category | Maximum or Prescribed Punishment |
|---|---|---|
| 406 | General criminal breach of trust | Imprisonment of either description up to 3 years, or fine, or both |
| 407 | Carrier, wharfinger or warehouse-keeper | Imprisonment of either description up to 7 years and fine |
| 408 | Clerk or servant | Imprisonment of either description up to 7 years and fine |
| 409 | Public servant, banker, merchant, factor, broker, attorney or agent | Imprisonment for life, or imprisonment of either description up to 10 years, and fine |
Why Sections 407, 408 and 409 Are Different from Section 406
Section 406 is the general punishment provision. Sections 407, 408 and 409 apply when the criminal breach of trust is connected with the particular capacity specified in the respective section. The prosecution must therefore establish not only the ingredients of criminal breach of trust under Section 405 but also the additional capacity and entrustment requirements of the particular aggravated provision invoked.
Entrustment and Dominion Over Property
Entrustment is central to criminal breach of trust. Sections 408 and 409 expressly refer to entrustment of property or dominion over property in the capacity described by those provisions, while Section 407 refers to property entrusted to the accused as carrier, wharfinger or warehouse-keeper. A mere dispute concerning money or property does not, by itself, reproduce the statutory requirement of entrustment and dishonest breach of that trust.
Meaning of "Dishonestly"
Section 24 IPC provides that a person acts dishonestly when doing something with the intention of causing wrongful gain to one person or wrongful loss to another person. Because Section 405 requires dishonest conduct, this mental element remains relevant when Sections 406 to 409 are invoked.
Historical Note on Section 409 IPC
The expression "imprisonment for life" in Section 409 was substituted by Act 26 of 1955, Section 117 and the Schedule, for the former expression "transportation for life", with effect from 1 January 1956.
Sections 405 to 409 IPC - Legal Structure
Section 405 defines criminal breach of trust. Section 406 provides the general punishment. Sections 407, 408 and 409 prescribe enhanced punishment for criminal breach of trust committed in the special capacities specified in those provisions. Reading the provisions together helps distinguish the definition of the offence from the punishment applicable to the accused's particular legal or occupational capacity.
This article provides a general summary of the pre-BNS statutory framework. The precise provision applicable depends on the date and facts of the alleged conduct, the nature and capacity of entrustment, evidence and procedural law governing the case.