Define 'criminal breach of trust' under section 405 of the Indian Penal Code, 1860. State the essential ingredients of the offence of criminal breach of trust.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
Define 'criminal breach of trust' under section 405 of the Indian Penal Code, 1860. State the essential ingredients of the offence of criminal breach of trust.
Answer & Explanation:
According to Section 405 of Indian Penal Code, 1860, 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". The essential ingredients of the offence of criminal breach of trust are as under: The accused must be entrusted with the property or with dominion over it, The person so entrusted must dishonestly misappropriate or convert to his own use that property, or; The accused must dishonestly use or dispose of that property or wilfully suffer any other person to do so 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) made touching the discharge of such trust.
Topics: Indian Penal Code, 1860
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