Criminal
breach of trust
From
Law Desk
If any person entrusted
with any property or have any dominion over the property that is not
his own, willfully and dishonestly misappropriates or converts or use
that property as his own which is clear violation of the trust that
he is obliged to be discharged with express or implied, then the person
commits criminal breach of trust. For example we can say if a person
being an executor of a will of a deceased person, dishonestly disobeys
the will and misappropriates the will for his own use. That person has
committed criminal breach of trust. Section 405 to 409 of Penal Code
dealt with the offence of criminal breach of trust.
A person is entrusted
with the property when he receives it from another person. Where there
is no entrustment of property there can be no conviction for breach
of trust. For an offence of criminal breach of trust besides showing
that the property was entrusted with the accused, it is further necessary
to show that he had dishonestly misappropriated or converted it to his
own use. Criminal intention or Mens rea is the basic essence of criminal
breach of trust.
The ingredients
for criminal breach of trust:
1. Entrusting any person with property or with any dominion over that
property.
2. The person entrusted with:
(a) Dishonestly misappropriates or converts the property for his own
use or
(b) Dishonestly use or dispose that property or willfully suffer any
other person to do so in violation of any direction that is pre scribed
by law.
We can give another example that a revenue officer is entrusted with
public money and is either directed by law or bound by a contract, express
or implied, with the Government, to pay into a certain treasury all
the public money which he holds. If he dishonestly appropriates the
money then he has committed criminal breach of trust.
Punishments
Every breach of trust is not criminal. It may be intentional without
being dishonest or it may appear to be dishonest without being really
so. In such cases the court should be slow to move for punishments.
Section 406 of Penal Code describes punishments for criminal breach
of trust. When any person commits criminal breach of trust then he shall
be punished with imprisonment for a term, which may extend to three
years or with fine or with both. Every breach of trust gives rise to
a suit for damages, but it is only when there is evidence of a mental
act or fraudulent misappropriation that the commission of embezzlement
of any sum of money becomes penal offence is punishable as criminal
breach of trust. (39 Cr. LJ 349).
Moreover, if any
person is entrusted with property as a carrier or warehouse keeper,
commits the offence shall be punished with imprisonment up to seven
years and shall also liable to fine.
When a clerk or
servant in any manner commits criminal breach of trust then he shall
be punished for a term that may extend to seven years and shall also
be liable to fine. Simultaneously a person, being a public servant or
in the way of his business as a banker, merchant, factor, broker, attorney
or agent commits criminal breach of trust in respect of any property
shall be punished with life imprisonment or for a term up to seven years
or shall also be liable to fine.
