criminal breach of trust

Section 316 BNS (old ss.405 to 409 IPC). The elements are: entrustment of property, or dominion over it, to the accused; and his dishonest misappropriation or conversion of it to his own use, or dishonest use or disposal in violation of a direction of law or a contract about how to deal with it. Graver forms apply to carriers, clerks and servants, and public servants, bankers, merchants and agents.

The key contrast is with cheating. In criminal breach of trust the initial entrustment is lawful and the dishonest intention comes later; in cheating, the property is obtained by deception from the start. It differs from criminal misappropriation, where there is no entrustment. An employer who deducts provident fund contributions from wages and does not deposit them is deemed to commit this offence.

Example

The cashier lawfully received the day's collections but used them to repay his own loan, which is criminal breach of trust by a servant, not cheating.

In Indian law

• Section 316, Bharatiya Nyaya Sanhita, 2023 (old ss.405 to 409 IPC)

See also

cheating · criminal misappropriation · trust

Read more in the study notes

• Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
• Bail, anticipatory bail and bonds (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• Judgment: pronouncement, contents and orders after conviction (Bharatiya Nagarik Suraksha Sanhita)
• Transfer of criminal cases (Bharatiya Nagarik Suraksha Sanhita)
• Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)