IPC Section 406

BNS Section 316— Criminal breach of trust

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the IPC.

This section defines criminal breach of trust and prescribes graduated punishments depending on the capacity in which the offender was entrusted with property. The offence involves dishonest misappropriation, conversion, or disposal of entrusted property in violation of law or contract. Punishments escalate from 5 years for the basic offence up to life imprisonment for public servants, bankers, merchants, and similar fiduciaries.

Punishment

Basic offence (sub-section 2): imprisonment of either description up to 5 years, or fine, or both. Carrier/wharfinger/warehouse-keeper (sub-section 3): up to 7 years and fine. Clerk or servant (sub-section 4): up to 7 years and fine. Public servant, banker, merchant, factor, broker, attorney or agent (sub-section 5): imprisonment for life, or imprisonment of either description up to 10 years, and fine.

Triable by

Sessions Court

Cognizable

Yes

Bailable

Depends