Janak Puri U/s 420/406/120B IPC 17
Discussion on Section 406 IPC
42. Section 406 IPC provides ... punishment for criminal breach of trust.
Section 405 IPC defines Criminal breach of trust. Section 405 IPC provides that
" Whoever
dominion over the property' within the contemplation
of Section 405 IPC.
Crl. Appeal No. 75/2019 Rajender Kumar Mittal v. State Page ... accordingly, the conviction of appellant for the offence punishable
under Section 406 IPC cannot be sustained.
33. Accordingly, in the light of above
IPC would stand proved.
14. Section 405 of the Indian Penal Code, defines Criminal breach
of trust - Whoever, being in any manner entrusted ... criminal
breach of trust".
15. To invoke Section 405 of the Indian Penal Code, 1860 following
ingredients are to be satisfied :
(1) The accused
only. The revisionist has also alleged commission of offence under
section 405 IPC, however, it is evident from record that no
allegations regarding
criminal breach of trust, which is defined by section 405 of
the Indian Penal Code as under:
"Whoever, being in any manner entrusted with ... word 'property' is in defined under the
Indian Penal Code and section 405 of the IPC is not qualified
machine with the consent of complainant.
5 Accused has examined himself u/s 315 Cr.PC as DW1.
6 I have heard the arguments ... beyond reasonable doubt.
9 Before proceeding further, let us examine Section 405 IPC which defines
criminal breach of trust as:
405 Criminal breach
IPC. Section 406 IPC prescribes the punishment for the offence of
criminal breach of trust which is defined U/s 405 ... IPC . Therefore, it is
apposite to look at Section 405 IPC which provides as follows:
FIR NO: 643/2007 Page
which the offence was committed.
14. The necessary ingredients of Sec. 409 IPC are as under:
1. The accused must be a public ... trust in respect of such
property as defined in Section 405 of IPC. The evidence must show that such person
either dishonestly misappropriated
DELHI
SC No.405/16
FIR No.73/11
Police Station Harsh Vihar
Under Section 392 / 395 / 397 / 411 IPC ... 405/16 State Vs. Suraj Kumar & Ors. Page 3 of 48
Addl PP for the State, charges under Sections 392 / 394 / 397 / 34 IPC
under Section
200 (3) Cr.P.C. was instituted for taking action against the proposed
accused persons for offences punishable under Sections
405 ... sending
complaints to the higher police officers in terms of requirement of
Section 154 Cr.P.C. and thereby compliance with the ratio
