Section 405 in The Indian Penal Code, 1860
405. Criminal breach of trust.—
Whoever, being in any manner entrusted with property, or with any dominion ... person, being an employer of an establishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions
Section 21 of the Indian Penal Code. If a railway servant satisfies the conditions laid down in Section 21 of the Indian Penal Code, under ... Section 409 , Indian Penal Code, the punishment prescribed under Section 5 (1) is higher than that prescribed under Section 406 or 407, Indian Penal Code
405 of the Indian Penal Code (for short
' IPC ')? This question incidentally arises for consideration in this
petition filed under Section ... other sections of the Indian Penal Code .
Whether the offence defined in a particular
section of the Indian Penal Code can be
committed in respect
IPC held as under:-
"16. Section 406 IPC prescribes punishment for criminal breach of trust as defined in Section 405 ... offence under the Penal Code."
The Apex Court while dealing with the scope of Section 405 IPC recorded as under
405 IPC. No case under section 420 of
IPC can be said to be sustainable against petitioner. Section 420 of
IPC ... satisfy the ingredients of Section 405 punishable under
Section 406 of IPC. Hence the learned Magistrate committed
a serious error in issuing process
Section 405 of the 1860 Code surfaced. Such commercial disputes over variation of rate cannot 13 per se give rise to an offence under Section ... ingredients of Section 405 IPC, punishable under Section 406 IPC."
30. In Indian Oil Corporation Vs. NEPC India
treated as "property" within the meaning of Section 405 of the Indian Penal Code. It is pointed out by him that the Minister ... offence under Sections 405 and 409 could be construed. It was held that:
The term "entrusted" found in Section 405
dishonestly is defined under Section 24 of the IPC,
which is as under:-
SECTION 24 OF THE IPC :-
"Whoever does ... intent. The term "dishonestly", as
defined under Section 24 of the Indian Penal Code, means doing an
act with the intention of causing
order to bring home an offence under Section 498A IPC. Section 498A
IPC reads as under:-
498A. Husband or relative ... criminal breach of trust as defined in Section 405 and
punishable under Section 406 , IPC with sentence for a
period upto three years
Ingredients necessary to prove a charge
under Section 409 IPC:
41. Section 409 IPC pertains to criminal breach of
trust ... manner
illustrated under Section 405 are a sine qua non for
making an offence punishable under Section 409 IPC.
The expression 'criminal
