Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
IPC Section 407: Simplified Explanation
IPC Section 407 specifically addresses the offence of criminal breach of trust committed by individuals in certain roles—such as carriers, wharfingers, warehouse keepers, and others responsible for the transportation or custody of goods. This section applies when these entrusted individuals dishonestly misappropriate, convert to their use, or otherwise dispose of goods entrusted to them in violation of the terms under which they were supposed to manage or deliver those goods. This provision recognizes the critical role these individuals play in the logistics and supply chain and the special trust placed in them by clients.
Is IPC Section 407 bailable?
IPC Section 407 is bailable. While the offence involves a breach of trust and potentially significant financial impact, it allows for the possibility of bail, given the absence of direct violence or immediate threat to public safety.
IPC Section 407 Punishment
The punishment under IPC Section 407 involves imprisonment of either description for a term which may extend to seven years and also includes a liability to a fine. The severity of the penalty is based on factors like the value of the goods, the impact of the breach on the business or individual, and any previous misconduct by the accused.
Example of IPC Section 407
A real-life example of IPC Section 407 involved a logistics company manager who was responsible for transporting a shipment of expensive electronics from a manufacturer to a retail chain. Instead of delivering the goods per the contract, the manager sold the electronics on the black market and attempted to cover up the theft by falsifying delivery records. The discrepancy was uncovered when the retail chain reported the non-receipt of the shipment, and an investigation traced the missing goods back to the manager. He was arrested and charged under IPC Section 407 for criminal breach of trust by a carrier. In court, he received a sentence of five years in prison. He was ordered to pay a substantial fine, reflecting the breach of trust and the financial loss caused to the companies involved.