Mr. Krish, a resident of Mumbai is a friend of Mr. Parth, who stays in Manali. As Mr. Parth did not have much exposure and information about personal finance and investment options in Manali, he trusted his friend for hi

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
Mr. Krish, a resident of Mumbai is a friend of Mr. Parth, who stays in Manali. As Mr. Parth did not have much exposure and information about personal finance and investment options in Manali, he trusted his friend for his investments. As per their agreement, Mr. Parth remitted ₹ 1 Lakh to Mr. Krish to invest in mutual funds and stock market. Mr. Krish employs the money in his own business ignoring his understanding with Mr. Parth. Has Mr. Krish committed criminal breach of trust?

Answer & Explanation:

According to Section 405 of the Indian Penal Code, 1860, 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 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 legal contract made touching the discharge of such trust. In the given case, there is an express or implied contract between Mr. Parth and Mr. Krish, that the money would be invested by Mr. Krish on behalf of Mr. Parth. But Mr. Krish invests the same in his own business which is violation of section 405 of the Indian Penal Code, 1860. Hence, he has committed criminal breach of trust.

Topics: Indian Penal Code (IPC)

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