Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
IPC Section 406: Simplified Explanation
IPC Section 406 specifies the punishment for criminal breach of trust, as defined in IPC Section 405. This section applies when someone entrusted with property or has authority over it dishonestly misappropriates, converts it for their use, or otherwise disposes of it in a manner that violates the terms of the trust. The essence of this offence lies in the betrayal of the trust and confidence placed in the individual by the property owner or the person who has a vested interest in it.
Is IPC Section 406 bailable?
IPC Section 406 is bailable. While the offence involves breach of trust and potential financial damage, it does not include direct violence or immediate threat to public safety, which allows for the possibility of bail under judicial discretion.
IPC Section 406 Punishment
The punishment under IPC Section 406 involves imprisonment of either description for a term extending to three years, with a fine, or with both. The severity of the penalty can vary based on factors such as the amount involved, the duration of the breach, and the impact on the victim.
Example of IPC Section 406
A real-life example of IPC Section 406 involved a wedding planner entrusted with significant money to arrange various services for a large wedding. Instead of paying the vendors as agreed, the planner used most of the funds for personal expenses and presented the clients with last-minute bills from the vendors, claiming unexpected costs. The discrepancies were discovered when vendors contacted the family directly about unpaid invoices. The wedding planner was arrested under IPC Section 406 for criminal breach of trust. In court, he was sentenced to two years in prison and ordered to pay full restitution to the family, reflecting the breach of trust and the financial and emotional damage caused to the clients.
