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Sec 409 Breach of Trust Against Director


07-Jan-2024 (In Criminal Law)
Can the director of a private limited company be charged against section 409 IPC for criminal breach of trust, the director being agent of the company?
Answers (4)

Answer #1
543 votes
Dear sir It is important to note that a director may be sued for criminal breach of trust if there is an element of entrustment involved. However, you may consult me for detailed legal advice. Good luck!
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Advocate Puneet Srivastava

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Answer #2
869 votes
Directors can be charged under Section 409 IPC depending on the fact of the case and there roles in the incident. so you need to explain all the facts of the case than only we can assist you. if you want to register police case than police has to Fram Section not the complaint.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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Answer #3
560 votes
Yes the director being an agent of the company can be prosecuted under section 409 IPC for criminal breach of trust. Directors can incur a personal liability when they enter the contract in their own names, when they use the name of the company for fraudulent purposes and when they exceed their powers entrusted with them.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

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Answer #4
717 votes
anyone having being entrusted the dominion of the property having the control over the property he was entrusted with and have committed the breach thereof can be framed. However, since you mentioned the director, 408 IPC should have been an appropriate section to be applicable in the facts as stated.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

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