Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that 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 408: Simplified Explanation
IPC Section 408 specifically targets the offence of criminal breach of trust when committed by a clerk or servant. This section applies to those individuals who, due to their employment, are entrusted with property or have dominion over their employer’s property and dishonestly misappropriate it, convert it for their own use, or otherwise dispose of it in violation of the terms that govern their responsibility. This law recognizes the unique position of trust these employees hold and the potential impact of their actions on businesses and employers.
Is IPC Section 408 bailable?
IPC Section 408 is bailable. Despite the offence involving breach of trust and potential financial damage, it allows for the possibility of bail due to the non-violent nature of the crime and considerations of the individual’s employment and personal circumstances.
IPC Section 408 Punishment
Under IPC Section 408, the punishment involves imprisonment of either description for a term that may extend to seven years, and the offender is also liable to a fine. The value of the misappropriated property determines the severity of the punishment, the impact on the employer, and any previous record of the accused.
Example of IPC Section 408
A real-life example of IPC Section 408 involved a bank clerk handling customer deposits. Over several months, the clerk siphoned funds from customer accounts into a personal account, using a sophisticated scheme to cover the discrepancies. The malpractice was eventually discovered during an internal audit when inconsistencies in account balances were noticed. An investigation revealed the clerk’s actions, leading to his arrest and charge under IPC Section 408 for criminal breach of trust by a servant. In court, he was sentenced to five years in prison and ordered to pay restitution to the bank and the affected customers, highlighting the serious legal repercussions of such breaches of trust within the workplace.
