406 PPC/IPC ingradients - Criminal Breach of Trust

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You may find details about  406 IPC ingradient. Basically, this article is helpful for both PPC and IPC. 

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What is Criminal Breach of Trust:

Section 406 IPC describes, criminal breach of trust and it reads as follows:

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".

In other words.

One has entrusted some property in the care of some person, thereby giving control to that on over that property.

n person dishonestly misappropria property or use

converts it to his/ her

and/ or

• Such person dishonestly uses or disposes the property in a manner that he/ she is not allowed under the law

and/or

• In there was any sort of contract between the two, with respect to the property, he/ she would be guilty if the property is disposed of against the contract.

Breaking it into Details:

There has to be some property* • The said property must be entrusted to someone with or without any contract

• The said person refuses to return/ restore the said property to the rightful owner when demanded.

*A wife, under Hindu Law, has the right to own, spose her Stridhan as per her own free n circumstances where the wife de out of her matrimonial house, move imperative that she must be handed over what

Ingredients which need to be proved by prosecution:

1. That there existed a property.

2. That the property belonged to a person other

than the accused. 

3. That the dominion of the property was shifted

from complainant to the accused.

4. That there has been a request/ legal obligation to restore the property to the complainant/ lawful owner of the property.

5. That the said property was demanded by the complainant/ lawful owner.

6. That the accused having misappropriated/

converted to its own use/ disposed the property refuses to restore the property to the complainant/ lawful owner.

What kind of proofs are admissible/ needed to prove Sec 406 ipc:

1. The existence of property must be proved by the complainant. The list of Stridhan in cases of 498a/ sec 406 ipc must be proved by way of bills/testimony of the seller etc. A list made at the time of marriage in accordance to Rule 2 of

Dowry Prohibition Act (Maintenance of lists to ride and bridegroom) Rules, 1985 can be such proof. But that is not the sol that is required. Even in the absence oy such list the existence of property can be

What kind of proofs are admissible/ needed to prove Sec 406 ipc:

1. The existence of property must be proved by the complainant. The list of Stridhan in cases of 498a/ sec 406 ipc must be proved by way of bills/testimony of the seller etc. A list made at the time of marriage in accordance to Rule 2 of Dowry Prohibition Act (Maintenance of lists to the bride and bridegroom) Rules, 1985 can be one such proof. But that is not the sole proof that is required. Even in the absence of any such list the existence of property can be proved.

2. That the handing over the dominion of the said property to accused has to be proved with specifics with date, time and event. This can be done by either documentary or oral evidences.

3. That the said property was demanded back by

the complainant and the same shall be proved

with specifics of date, time and event. This can also be done by either documentary or oral evidences.

4. That the accused has refused to return the said property and has misappropriated or converted the same for his use or disposed off

onestly. For this sometimes the direct fs are not available. Once the domi proved to the accused, it is for him to e n

where the property is, otherwise strong

3. That the said property was demanded back by the complainant and the same shall be proved with specifics of date, time and event. This can also be done by either documentary or oral evidences.

4. That the accused has refused to return the said property and has misappropriated or converted the same for his use or disposed off dishonestly. For this sometimes the direct proofs are not available. Once the dominion is proved to the accused, it is for him to explain where the property is, otherwise strong presumption against him can be drawn and the accused can be convicted when all other things are proved.

READ ALSO Sonal Sharma & Anr., Arun Sharma, Pooja Sharma Vs. State Govt. Of Nct Of Delhi & Anr.

It has mostly been seen that the complaints are vague in many regards. A long list is drawn of Stridhan items by the complainant and the same

tly not supported by the bills. Similarly the int is mostly lacking in details like the dominion of Stridhan articles were over O

to accused or when the same

was

In the Nutshell:

When the complainant wife alleged that the gold ornaments give as dowry was handed over to the accused and in-laws. The following details must be there to bring conviction:

1. What article was handed over to whom

2. When they were handed over

3. When they were demanded back

[Neelu Chopra Vs Bharti 2010 Cri LJ 448 (SC), Palash Chatterjee 2007 Cri LJ 4215 (Cal.)]

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Criminal Breach of Trust, IPC 406, sec 406 ipc, section 406 ipc