contract simplicitor does not constitute an offence..."
26. Section 405 Indian Penal Code deals with criminal
breach of trust. A careful reading ... trust as defined in Section 405 Indian Penal
Code. For the offence punishable Under Section 406 Indian Penal
Code, prosecution must prove: (i) that
contract simplicitor does not constitute an offence..."
26. Section 405 Indian Penal Code deals with criminal
breach of trust. A careful reading ... trust as defined in Section 405 Indian Penal
Code. For the offence punishable Under Section 406 Indian Penal
Code, prosecution must prove: (i) that
find that no
allegations are made attracting the ingredients of
Section 405 IPC. Likewise, there are no allegations as
to cheating ... However, the Revisional Court
--- 19 ---
proceeded on an incorrect understanding that Section 405
IPC does not specify that there should be delivery
would constitute offences
under sections 406 and 166 IPC. Section 406 IPC is the
punitive section providing punishment for an offence ... breach of trust. The substantive section laying
down the ingredients of the offence is section 405 IPC.
As per section 405 IPC
offence
punishable under Section 406 IPC, it is clear that Section
406 IPC is the punishing section for the commission ... criminal breach of trust under Section
405 IPC. Section 405 IPC defines criminal breach of trust as-
I) entrusting any person
Indian Penal Code for default in
payment of contribution by the employer. The offences under Section 406
and 409 of the Indian Penal Code ... committed
under section 405 of the Act while section 409 provides for punishment for
offence committed under section 405 of Indian Penal Code by public
Sections 406
and 420 of the IPC.
17. Section 406 prescribes punishment for „criminal
breach of trust‟ as defined in Section 405 ... order to attract punishment under Section
406 IPC for „criminal breach of trust‟, as defined in Section 405
IPC, the prosecution
under Section 156(3) of the Code,
the complaint must disclose relevant material ingredients of Sections
405, 406, 420 read with Section 34 IPC ... principles enunciated above and the ingredients of Sections 405,
406, 420 read with Section 34 IPC clearly show that there was
inordinate delay
criminal side, and that the essential ingredient of the
offence under Section 405 IPC was not made out as the appellants
were ... their own use so as to satisfy the
ingredients of Section 405 IPC punishable under Section 406 IPC,
and that
order to attract provisions of Section 406 of the Indian Penal
Code, we will have to consider Section 405 of the Indian Penal Code.
Following ... trust."
"16. Section 406 IPC prescribes punishment for criminal
breach of trust as defined in Section 405 IPC
