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Criminal Breach of Trust and Misappropriation of Property, Summaries of Criminal Law

CMR University Criminal Law

An overview of the legal concepts of misappropriation of property and criminal breach of trust under the indian penal code (ipc). It covers the definitions, ingredients, and punishments for these offenses, as well as relevant case law. That misappropriation involves the dishonest conversion of another's movable property for one's own use, while criminal breach of trust occurs when a person entrusted with property dishonestly misappropriates or converts it for their own use, or violates the terms of the trust. The document also discusses the different punishments prescribed for these offenses based on the nature of the offender, such as a carrier, clerk, servant, public servant, banker, or agent. Overall, this document provides a comprehensive understanding of these important property-related crimes in the indian legal system.

Typology: Summaries

2023/2024

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Download Criminal Breach of Trust and Misappropriation of Property and more Summaries Criminal Law in PDF only on Docsity!

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IO)IISG=fl(O)INJBJ M IP'IR(O)IPIRIIATI(O)INJ (O)IF IP'IR(O)IPlEIRlY «~» ....•...• .. --· .. ,..· ...

If someone dishonestly misappropriates or converts to his own use
Any movable property of the another shall be punished
Punishment - Imprisonment up to two years, or with fine, or with both.

Compoundable if the owner of the property misappropriated gives his consent

Illustrations -

. .. : ,,. Non-Cognizable Bailable Any Magistrate Compoundable

Tak ing a currency on the public road is not misappropriation, but found a purse in which sufficient details of the owner is available. Even then not returned and used for self
Taking a book from frind's home for reading is not misappropriation but later selling it to someone is Misappropriation

Complaint must come from the owner of the property/ Finder of goods

RVs Sita - Jewelry found on public way and sold. Owner was not traceable. Hence not coming under

this section

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Whoever, being in any manner entrusted with property,or with any dominion over property, dishonestly misappropriatesorconvertstohis own use that (^) property,ordishonestly uses or disposes off that property in violationofany directionoflaw prescribing the mode in which such trust istobe discharged, orofany legal contract, express or implied, which he has made touching the dischargeofsuch trust, or willfully suffers any other person sotodo, commits "criminal breachoftrust". Ingredients
A person is trusting someone On the basisofsuch trust, he entrusts his property to him or any dominion (Control/ aj,Q.)t) over property Such entrusted person Misappropriates or converts such property for his own use or There must be the violation of any direction, or mode which is prescribed by law for discharging the trust, or any legal contract which is made for the discharge of trust The property must be misappropriated or converted dishonestly Property here can be - Movable/ Immovable/ Documents etc

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SurendraPal Singh vs.State of Uttar Pradesh,AIR^1957 All^122 -^ "Entrustment"^ means handing over the property by one persontothe^ another^ person in such a^ manner^ sothat^ the^ person on whose behalf the property is handed over continuoustobe owner

Ramaswami^ Nadarv.State^ of Madras,AIR^1958 SC^56 -The^ word^ entrusted in the section^ is^ very important unless thereis entrustment, there can be^ no^ offence^ under^ the^ section Mohammed SulaimanvsMohammed Ayub, AIR 1965 SC 1319 - Section 405IPCrequires doingof something with respectto property^ which^ would^ indicate either misappropriationorconversion^ or its use or disposal in contraventionofany legal contract, express^ or^ implied. A mere disputeofcivil nature will not attract the^ provisions^ of^ this section RVs Bimala Charan Roy- Misappropriationof water by Water Inspector (Supervision and Distribution). Breachof^ trust^ of^ municipality Balaji Bin Bhau's case - Mixing copper while making silver^ ornament RVs^ Prathibha^ Rani^ -A^ hindu^ women^ was driven^ out^ from^ her^ home^ and her husband and^ father^ in law refused to give her ornaments

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