Criminal Breach of Trust & Misappropriation of Property

Criminal Misappropriation (Section 403):

A person who dishonestly misappropriates or converts for his own use any movable property, is guilty of criminal misappropriation of property. The punishment is imprisonment for two years or fine or both. A dishonest misappropriation for a small interval of time also amounts to misappropriation. If the person takes the property to protect it or to restore it from the owner, he is not guilty. But if he does not restore it and if he does not return the owner using reasonable means, he becomes guilty.

Eg:

1) A finds a bundle of currency notes on the highway. He picks up the bundle with an intention to hand it over to the real owner. He is not guilty. But after taking home he changes his mind and uses for his own purposes. He is guilty when he changes his mind.

2) A finds a valuable ring on the road, A takes it without any idea of finding the owner and handing it over to him. He is guilty.

3) A and B are joint owners, A sells the house without B's consent and appropriates the entire amount for himself. He is guilty of criminal misappropriation.

Criminal breach of Trust (Sec-405):

Sec- 405 makes the criminal breach of trust an offense.

If a person, entrusted with the property, or any dominion over property, dishonestly misappropriates or converts to his own use or disposes of, against law he is guilty of criminal breach of trust. This is embezzlement according to English law. It is important that the property must be" entrusted to the accused, and he must dishonestly misappropriate it”. If Persons entrusted dishonestly misappropriate, they are guilty.

Eg:

1) In Prize competition, the prize winners were not given the prizes. A was tried on the ground of criminal breach of trust.

2) A, a revenue cashier, appropriates Rs. 5000 instead of remitting to the treasury. This is criminal breach of trust.

Ramaswamy Nadar

State of Madras,

The Supreme Court held that there was no breach of trust, as he had not appropriated any money for his own purposes.

Dalmia

Delhi Administration

One partner was given authority by other partners to collect the property of the firm, he is entrusted with dominion over property & if he dishonestly misappropriates, he is guilty of criminal breach of trust.

Punishment (Sec-406):

Imprisonment up to 3 years or fine or both.

Comments

Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...

Law relating to Abetment (Section 107 to 120)

Law relating to Abetment explanation and also when an abetment committed outside India is said to be an offence committed in India? Abetment: (Section 107 to 120): A person abets the doing of a thing if he: 1) Instigates another to do that thing, or 2) Conspires with others in the doing of-the act or 3) Intentionally aids the doing of that thing E.g: A, a police officer, with a Warrant is empowered to arrest Z. B, who knew this, instigated A to arrest C who he mis-represented as Z. A arrests C. B abets. General advice is not abetment. Abetment by instigation: Instigation means the instigator actively suggests, or stimulates by any means i.e., by words, hints, encouragement etc. Abetment by conspiracy: For this there should be at least two persons, engaged in commission of an act in pursuance of conspiracy and there should be the doing of the thing. Abetment by aid: The person aids to facilitate commission of an offence. It should be intentional aid. E.g: supplying of food to facilitate...

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1) to over-throw by criminal force the Government or the legislature or 2) To resist the execution of any legal process 3) To commit mischief (Sec-425), criminal trespass (441) 4) To obtain property or right by criminal force or 5) To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1) The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2) This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...

Trilok Gupta's Blog

Search This Blog