Select a page

Subscribe

×
Subscribe to our mailing list Appointment
Fix Up a Skype

Select a page * indicates required

Email Address *

Home
First Name *
Articles

Last Name *
Articles

Laws
Phone Number *

Knowledge Center
Subscribe

Judgements
Success Stories
498A

Quash Judgements

Acquittal Judgements

Bail Judgements

Discharge Judgements

Maintenance

Domestic Violence

Dismissal Judgements
 Right Of Residence Judgements

Interim Maintenance Judgements

Divorce

Annulment Judgements

Cruelty Judgements

Desertion Judgements

Adultery Judgments

IRBM/Mutual judgements

Child Custody

Ccustody Judgements

Child Visitation

Sexual Crimes

Rape Judgements

Molestation Judgements

Counter Cases/RTI

RTI Judgements

Cyber Laws

65B Judgements
Document Centre

RTI

Complaints

Court Applications

Petition and Replies

Media

Video Gallery

About Me

Contact Us

Services

Fix Up a Skype Appointment

Ho

Articles

Articles

Laws

Knowledge Center
Judgements

498A

Quash Judgements

Acquittal Judgements

Bail Judgements

Discharge Judgements

Maintenance

Domestic Violence

Dismissal Judgements

Right Of Residence Judgements

Interim Maintenance Judgements

Divorce

Annulment Judgements

Cruelty Judgements

Desertion Judgements

Adultery Judgments

IRBM/Mutual judgements

Child Custody
 Ccustody Judgements

Child Visitation

Sexual Crimes

Rape Judgements

Molestation Judgements

Counter Cases/RTI

RTI Judgements

Cyber Laws

65B Judgements

Document Centre

RTI

Complaints

Court Applications

Petition and Replies

Media

Video Gallery

About Me

Contact Us
 Services

IPC
406
|
Criminal
Breach
of
Trust
|
What is 406IPC? What is Criminal Breach of Trust?

One of the companions 498A complaint is Section 406 of IPC. Though knowledge about 498A is shared fairly
commonly in meetings and various other forums, companion sections are somehow missed. In this article I am
trying to list what this section is and what needs to be proved by prosecution.

406. Punishment for criminal breach of trust

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.

What is Criminal Breach of Trust:

Section 405 of 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 person over
that property.
Such person dishonestly misappropriates the property or converts it to his/ her own
use 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, use, dispose her Stridhan as per her own free will. In
circumstances where the wife decides to move out of her matrimonial house, it is imperative that she must be
handed over what was rightfully hers on demand or otherwise. If the husband or any of his relatives, either
misappropriates or refuse to return the same or its value to the wife, the section criminal breach of trust is
attracted.

Stridhan explained: It refers to any property that is gifted to a woman during, around or anytime after the
marriage, or any property that has been left to her in a will. It must be stressed that it also includes the property
gifted to her by the in-laws during, around or anytime after the marriage besides gifts from siblings and parents.
She is the “absolute owner” of such property and is free to deal with the same in any manner she likes. She has
all the right to sell it, gift it or do anything else without referring to her husband or any of the in-laws. A gift given
to the bride for her sole use or joint usage with anyone else also forms the part of Stridhan. (e.g. Furniture gifted
to the bride maybe a thing of joint usage of family, but it is her Stridhan only). This Article on this website
explains this concept better.

Even when the such property has been used/ disposed off by the husband or any of the in-laws of the wife
under extreme distress, the husband is morally bound to restore the property or its value as soon as he is in a
position to do so.

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 406:

1. The existence of property must be proved by the complainant. The list of Stridhan in cases of 498a/ 406
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 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.

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 is mostly not supported by the bills. Similarly the complaint is mostly lacking in
details like when the dominion of Stridhan articles were handed over to accused or when the same was
demanded back. These issues have been a reason for quashing of many a complaints and has also resulted in
discharge of all/ some of the accused.

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.)]

If you have any query related to gender biased laws join SahodarWhatsapp Groups by sending Whatsapp
message “Subscribe” to Sahodar Trust No. 9811850498

Posted byShonee Kapoor

April 5, 2018
Tags:Criminal Breach of Trust, IPC 406
0
3

Related Articles

Harvinder Singh versus The Delhi Administration

 Ms. Sumana Bhasin versus Sh.
Neeraj Bhasin

IPC 354 | Molestation |

Outraging the Modesty of a
Woman

Maneka Gandhi vs Union Of

India

Rajinder Kumar vs State (Delhi

Admn.)
NIRAJ TRIVEDI Vs. STATE OF
BIHAR & ORS.

3 Comments

1.
Abhishek khare April 25, 2018 Reply

If wife said I have 100 gms of gold ornaments, a haar, bangles etc falsely without proofs but oral fake
evidences as her relatives

Then what can we do

Please answer

And please answer

Filing dv after one year of incident held is permissible , is there in 2018
Or not

Waiting for positive reply

2.
Saurabh April 19, 2018 Reply

succulent and complete

 3.
Rajiv April 19, 2018 Reply

IF wife falsely said in court without any paper evidence that

1. xyz is the my article and handed over to mother in law
2. On abc date handed over to mother in law
3. On 123 date i demanded return back but mother in law not ready to give back

So court accept her statement as true.

Leave a reply

Your email address will not be published. Required fields are marked *

Comment

Name *

Email *

Website

I'm not a robot

reCAPTCHA
Privacy - Terms

Get reCAPTCHA plugin

I'm not a robot

reCAPTCHA
Privacy - Terms

Get reCAPTCHA plugin

Get reCAPTCHA plugin

Post comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Home Articles 498a/406 Maintenance Divorce Child Custody Sexual Crime

Terms and Conditions | | Privacy Policy
©2018 www.shoneekapoor.com· Crafted with ♥

NEED HELP?

Your Name (required)

Your Email (required)

Your Telephone Number (required)

Subject

Your Message

Send