Criminal Breach of Trust: Criminal breach of trust whoever, being in any manner entrusted- 1. With Property 2. With any…
Criminal Breach of Trust:
Criminal
breach of trust whoever, being in any manner entrusted-
breach of trust whoever, being in any manner entrusted-
1.
With Property
With Property
2.
With any dominion over property.
With any dominion over property.
Dishonestly
misappropriates or converts it to his use that property.
misappropriates or converts it to his use that property.
Dishonestly
uses or disposes of that property in violation of any direction of Law
prescribing the mode in which such trust is to be discharge.
uses or disposes of that property in violation of any direction of Law
prescribing the mode in which such trust is to be discharge.
If any
contract expressed or employed, which he has made touching the discharge of
such trusts or willfully suffers any other person to do so, commits criminal
breach of trust.
contract expressed or employed, which he has made touching the discharge of
such trusts or willfully suffers any other person to do so, commits criminal
breach of trust.
Illustration:
A being executer of the Will of a deceased person dishonestly disobeys the Law
which directs him to divide the property according to the will and appropriates
it to his own use. A has committed criminal breach of trust.
A being executer of the Will of a deceased person dishonestly disobeys the Law
which directs him to divide the property according to the will and appropriates
it to his own use. A has committed criminal breach of trust.
Essential Ingredients
are:-
are:-
(1)
Entrusting any person with property or
with dominion over property
Entrusting any person with property or
with dominion over property
(2)
The person entrusted with such
property dishonestly.
The person entrusted with such
property dishonestly.
(a)
Misappropriates it
Misappropriates it
(b)
Converts it to his own use or
Converts it to his own use or
(c)
Used it or
Used it or
(d)
Disposed it off
Disposed it off
(3)
The person must have violated:
The person must have violated:
(a)
any direction of law prescribing the
mode in which the trust is to be discharge or
any direction of law prescribing the
mode in which the trust is to be discharge or
(b)
Any legal contract (express or
implied) which he had made touching the discharge of such trust.
Any legal contract (express or
implied) which he had made touching the discharge of such trust.
DOMINION MUST BE THE
RESULT OF ENTRUSTMENT
RESULT OF ENTRUSTMENT
-That the
property has been entrusted to him.
property has been entrusted to him.
-Mere
existence of dominion over property is not enough
existence of dominion over property is not enough
-It is
essential show that the dominion is the result of entrustment.
essential show that the dominion is the result of entrustment.
(Entrustment implies that the person handing
over the property or on whose behalf property is being handed over continues to
be the owner.)
over the property or on whose behalf property is being handed over continues to
be the owner.)
Example:
(a)
A is a ware house keeper B going on a journey,
entrusts his furniture to A under a contract that is shall be returned on
payment of a stipulated some for ware house room. A dishonestly sells the
goods/furniture. A has committed
criminal breach of trust.
A is a ware house keeper B going on a journey,
entrusts his furniture to A under a contract that is shall be returned on
payment of a stipulated some for ware house room. A dishonestly sells the
goods/furniture. A has committed
criminal breach of trust.
(b)
A is an agent of B. Agent A is given
directions by his principal to invest a particulars sum in a particular manner.
“A” disobeys its direction and makes personal use of money entrusted to him by
B ie. Principal .A has committed criminal breach of trust.
A is an agent of B. Agent A is given
directions by his principal to invest a particulars sum in a particular manner.
“A” disobeys its direction and makes personal use of money entrusted to him by
B ie. Principal .A has committed criminal breach of trust.
(c)
“A” is a public servant. He holds
position of a Revenue Officer. He must deposit the money in her treasury but
instead of depositing it in treasury he made personal use of money (public
money) entrusted to him. He committed criminal breach of trust
“A” is a public servant. He holds
position of a Revenue Officer. He must deposit the money in her treasury but
instead of depositing it in treasury he made personal use of money (public
money) entrusted to him. He committed criminal breach of trust
Punishment
of Criminal Breach of Trust
of Criminal Breach of Trust
Whoever commits criminal breach of trust shall be
punished with imprisonment of either description of terms which may extend to 3
years or with fine or both.
punished with imprisonment of either description of terms which may extend to 3
years or with fine or both.
Practice
exercise:
exercise:
1. Consider the following:
1. Entrustment.
2: Misappropriation or conversion to one’s own
use.
use.
3. Misappropriation, conversion or disposal with
dishonest intention.
dishonest intention.
In which one of the following offences are the
above essential ingredients?
above essential ingredients?
(A) Cheating
(B) Criminal breach of trust
(C) Criminal misappropriation
(D) Extortion
Ans: B
2. Taking property dishonestly from the dead body
(A) does not amount to any offence under IPC
(B) amounts to the offence of theft
(C) amounts to the offence of criminal misappropriation
(D) amounts to the offence of criminal breach of
trust
trust
Ans: C
3. A is an agent of B. Agent A is given directions
by his principal to invest a particulars sum in a particular manner. “A”
disobeys its direction and makes personal use of money entrusted to him by B,
the principal. Is A liable for criminal breach of trust?
by his principal to invest a particulars sum in a particular manner. “A”
disobeys its direction and makes personal use of money entrusted to him by B,
the principal. Is A liable for criminal breach of trust?
A. Yes
B. No
Ans: A
4. “A” is a public servant. He holds position of a
Revenue Officer. He must deposit the money in her treasury but instead of
depositing it in treasury he made personal use of money (public money)
entrusted to him. Will he be held liable for criminal breach of trust?
Revenue Officer. He must deposit the money in her treasury but instead of
depositing it in treasury he made personal use of money (public money)
entrusted to him. Will he be held liable for criminal breach of trust?
A. Yes
B. No
Ans: A
5. The accused is a warehouse-keeper. The
complainant, going on a journey, entrusts his furniture to the accused under a
contract that the furniture would be returned on payment of stipulated sum of
money. The accused sells the furniture. The accused is guilty of which one of
the following?
complainant, going on a journey, entrusts his furniture to the accused under a
contract that the furniture would be returned on payment of stipulated sum of
money. The accused sells the furniture. The accused is guilty of which one of
the following?
(a) Criminal misappropriation
(b) Theft
(c) Robbery
(d) Criminal breach of trust
Ans. (D)
