Vinod Kumar Sethi And Ors. vs State Of Punjab And Anr. on 30 March, 1982
clerk or servant.
Criminal breach of trust as defined u/s 405 IPC.
Section 405 IPC:-
"Whoever, being ... case as stated by the prosecution providing the species of
section 405 IPC. Thus a third ingredients is also relevant here
which
Section 405 / 406 / 420 / 425 / 34 of the Indian Penal Code.
8
Section 406 IPC lays down:
"406. Punishment for criminal breach ... touching upon the
discharge of such trust."
(c)
Section 405 Indian Penal Code defines :-
"405. Criminal breach of trust.--Whoever, being
down in Section 385, Cochin Penal Code,
(corresponding to Section 405 , Indian Penal Code) to constitute
an offence of criminal breach of trust ... held as
under:
"11. ... But evidently S. 405 of the Penal Code, 1860 does not
contemplate that the property in respect of which
revisionist over the alleged property and referred section
405 IPC and also ... argued that oral evidence does not attract the
provisions of section 405 IPC. Section 405 IPC reads as under:
405. Criminal
term Criminal Breach of Trust which is defined as
u/sec. 405 IPC .
Section 405 IPC reads as under :
Whoever , being ... public servant,
banker, merchant or agent .
After reading Section 405 IPC and 406 IPC
and 409 IPC together following
accused was
recorded U/s 281 of Code of Criminal Procedure s Code,1973 r/w 313
Cr.P.C . In his statement, accused denied ... been held that a trust contemplated
by section 405 IPC would arise only when there is an entrustment
of property or dominion over
comes within the ambit of
section 406 IPC. Section 405 IPC contains the definition of criminal breach of trust.
Section 405 ... commits "criminal breach of trust".
Ingredients of section 405 IPC are enumerated in Kailash Kumar
Sanwatia vs State of Bihar
Cr.P.C . to the IO . It is important to discuss the scope of Section
408 IPC
Section 408 IPC reads ... term Criminal Breach of Trust which is defined
as u/sec. 405 IPC .
Section 405 IPC reads as under :
Whoever , being
have jurisdiction to try the offence of the second part of Section 405 , I.P.C., where there is a charge that the accused ... failed to account for the property then the second part of Section 405 , I.P.C., will apply and jurisdiction exists at the place where