Section 407 ipc. IPC 407 Section of Indian Penal Code 2022-10-28
Section 407 ipc
Section 407 of the Indian Penal Code (IPC) deals with criminal breach of trust by a clerk or servant. This section applies to cases where a person who has been entrusted with property or money as a clerk, servant, or agent, misappropriates or converts that property or money to their own use, or dishonestly disposes of it in violation of the terms of their trust.
Under this section, the punishment for criminal breach of trust is imprisonment for a term of up to three years, or fine, or both. The punishment may be increased if the value of the property or money involved is particularly high, or if the person committing the offense is a public servant.
Criminal breach of trust is a serious offense, as it involves a breach of trust by someone who has been entrusted with the care and management of property or funds. It is important for individuals and organizations to be careful in choosing those whom they entrust with their property and to have systems in place to prevent and detect any misappropriation or fraud.
It is also important for individuals who are entrusted with property or money to be honest and trustworthy in their dealings, and to act in accordance with the terms of their trust. Failure to do so can have serious consequences, both for the individual and for the organization or person who has entrusted them with the property or money.
In conclusion, Section 407 of the Indian Penal Code provides a legal framework for punishing those who commit criminal breach of trust as a clerk or servant. It is an important part of the legal system in India, and serves as a deterrent to those who may be tempted to misuse the property or funds that have been entrusted to them.
Criminal Breach Of Trust
Classification of offences under Section 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 and 440 of Indian Penal Code 1860 Offences against property and punishment for the crime are defined under Section 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 and 440 of Indian Penal Code 1860. In these types of cases, the police constable has the power to arrest any person infringing the right without any warrant from the court. Misappropriation Dishonest Misappropriation is the essence of this section. A carrier is a person who undertakes to transport the goods of another person from one place to another for hire. It is similar to the offence of embezzlement under English law. What is the punishment for the crime? The section states that 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 simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
What is Section 407 IPC?
And to the contrary, if no evidence is produced the matter is not proceeded with. Property The definition in section 405 does not restrict the property to movables or immovable alone. What is the punishment for Criminal Breach of Trust? Non-Compoundable Compoundable by Whom Concerned Ministry Concerned Department Non-Compoundable Ministry of Home Affairs Department of Internal Security. Thus a mere transaction of sale cannot amount to an entrustment. He must have dishonestly misappropriated the property or converted it to his own use or disposed of it in isolation of such trust. A warehouse-keeper is a person who keeps a warehouse, which is a house to deposit or keep wares in.
IPC Section 407
As the gain or loss is illegal in nature. Once the category is selected, you have to provide the following information - a. It has to be established that the accused has dishonesty put the dishonesty to his own use or to some unauthorized use. What is Criminal breach of trust by public servant, or by banker, merchant or agent? This blog was drafted by Ms. Criminal breach of trust when a person who has been levied with the responsibility of the property or is given dominion over the property and that person with the motive of dishonestly misappropriates the property to his benefit or converts the property to his own use. The accused was sought to be prosecuted for criminal breach of trust.
IPC 406, 407, 408, 409 Indian Penal Code
Cognizable Bailable Magistrate of the first class. Or he the legal contract which can be expressed or implied in nature and made by him willingly to commit the criminal breach of trust. Mother or father name of complainant c. After completion of the charge sheet the matter is pursued as a trial in the court with the prosecution establishing the ingredients of section 496 and if successfully done then the accused may be imposed with imprisonment up to 6 months or fine or both depending upon the discretion of the court. Illustration: A is a warehouse keeper.
Section 407 IPC
Imprisonment either for term which may extend to 7 years and shall also be liable to fine. However, a portion of the cement purchased was diverted to a godown. How Can Lawtendo Help you? Imprisonment for 7 years, and fine. Section 409 of Indian Penal Code. The accused party succumbs and starts feeling a dire need to compromise.
Section 407 IPC (Indian Penal Code): Criminal breach of trust by carrier, etc.
Along with it providing managerial assistance at every stage as well. If any substantial evidence is found a charge sheet is prepared by the police. Entrustment need not be expressed. In common parlance, it embraces all cases in which a thing handed over by one person to another for specific purpose. What are the offences against property? Criminal breach of trust by a carrier, wharfinger, and warehouse-keeper is treated to be much more serious and, therefore, more severe punishment for the same has been prescribed by this section.
IPC 403, 404, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440 of Indian Penal Code
In the case of the accused, he cannot apply for bail as it is a Further, the accused through a lawyer have to defend the matter and prove that there was no intent or belief to spread any dangerous diseases by the acts alleged in the cases. Punishment: The punishment for the person being entrusted with the property if he breaches then he is liable for the imprisonment of seven years and shall also be liable to fine. Detailed Analysis of the section: A. During his career, he has been involved in some of the most complicated and high profile cases, and participated in several ground-breaking litigation cases. It enables the party at loss to make a speedy recovery by exerting pressure on the defaulter party. A has committed criminal breach of trust. What is Criminal breach of trust by carrier, etc? A wharfinger is a person who owns or keeps a wharf, which is a broad plain place, near some creek or haven, to lay goods and wares that are brought to or from the water.
IPC Section 407. Criminal breach of trust by carrier, etc.
Category of Bare Act Name of the Act Year of Promulgation Criminal Laws Indian Penal Code 1860 Act Number Enactment Date Chapter Number 45 06. So if accused had isolated the conditions of purchase, then only remedy is to prosecute him under law relating to cement control. Once the terms of compromise are agreed, and a stage of compromise comes, it is then that maximum number of legal mishaps occur. Imprisonment for life or with imprisonment of either for term which may extend to 10 years and shall also be liable to fine. Section 407 of Indian Penal Code. Criminal breach of trust by carrier, etc.
IPC 407 Section of Indian Penal Code
Any other relevant description of the case. Or he discharges the property against the procedure described by the law. A residing in Calcutta, is agent Z, residing at Delhi. 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. A dishonesty disobeys the directions and employs the money in his own business. Subsequently, he dishonestly misappropriates it. Lawtendo will connect you with domain-specific expert lawyers handpicked with regard to the unique individual case from its array of 15000 lawyers.