IPC Section 409 — Criminal breach of trust by public servant, or by banker, merchant or agent

criminal breach trust

Criminal

Punishment

Life imprisonment or imprisonment up to 10 years and fine

As the section puts it: “shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”

Summary

If a person is a public servant, banker, merchant, factor, broker, attorney, or agent, and they have been given control or responsibility over someone else’s property as part of that role, and they then commit criminal breach of trust regarding that property, they can be punished with life imprisonment or up to ten years in prison, and they may also have to pay a fine.

Official Text

Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of 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 that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Related Judgments

  • N. RAGHAVENDER vs STATE OF ANDHRA PRADESH, CBI — Supreme Court of India (2021)
  • RAM NARAIN POPLI vs CENTRAL BUREAU OF INVESTIGATION — Supreme Court of India (2003)
  • THE STATE OF BOMBAY vs S. L. APTE & ANOTHER — Supreme Court of India (1960)
  • UNION OF INDIA AND ANR. vs W.N. CHADHA — Supreme Court of India (1992)

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