would attract offence under the Penal Code. In this regard, it is pertinent to re-peruse Section 405 IPC once again, which ... trust.'"
23. A careful perusal of aforesaid section 405 IPC establishes the aim to explore as to how the aforesaid section
context, criminal breach of trust as defined
under Section 405 IPC requires to be extracted hereunder for
clarity ... dishonestly for his own use, then alone the offence
under Section 405 IPC will be attracted.
6. As rightly pointed
120B IPC 17
Discussion on Section 406 IPC
42. Section 406 IPC provides for punishment for criminal breach ... trust.
Section 405 IPC defines Criminal breach of trust. Section 405 IPC provides that
" Whoever, being in any manner entrusted
Section 405 IPC so as to justify summoning of petitioner under Section 406 IPC.
6. Section 406 IPC provides ... term "criminal breach of trust" is defined in Section 405 IPC, which reads as under:
"405. Criminal breach of trust
criminal breach of trust" which is defined in Section 405 I.P.C. and both these provisions read as under:
"405. Criminal breach ... Sections 200 and 202 Cr.P.C., has summoned applicants under Sections 406 , 420 IPC.
26. Section 406 IPC deals with
nature of criminal breach of trust as defined by section 405 of the Penal Code; that section 105 of the Act, 1965 provides ... offences punishable under the Penal Code for which the Code of Criminal Procedure , 1973 (for short the Code or CrPC ) would continue to apply
offences
punishable under Sections 409 / 420 / 34 , IPC. Section 405 , IPC defines criminal breach of trust
Page ... trust.
Section 415 , IPC defines cheating and Section 417 , IPC provides for punishment for cheating.
Section 420 , IPC
405 IPC so as to justify summoning of applicant under Section 406 and 420 IPC.
6. Section 406 IPC ... term "criminal breach of trust" is defined in Section 405 IPC, which reads as under:
"405. Criminal breach of trust
deals with criminal breach of trust. A careful reading of Section 405 IPC shows that a criminal breach of trust involves the following ... prescribes punishment for criminal breach of trust as defined in Section 405 IPC. For the offence punishable under Section 406 IPC
criminal breach of trust which has been defined under Section 405 I.P.C.
-5-
Section 405 I.P.C. runs as under :-
"405 ... necessary ingredient of offence under Section 406 I.P.C. i.e. misappropriation or conversion for own use of the property entrusted is not there
