Section 409 Crpc.

739 votes

Yes, Section 409 IPC is charged against private person who were in the possession of property or money. Recently famously Vijay mallya was charged under section 409. Section 120B is basically used to implicate more than two people for the same crime. You have stated that PC act has also been charged against you. Under the PC act only people defined as public servants can be charged under it, however courts have been broadening the definition of public servant and recently supreme court included bank officials including of private banks under the ambit of PC act.

LawRato LawRato

629 votes

hello client as you have done the query us concern is very deeply related to law of curruption under p c act but your query is very spacific fir section 409 CrPC. as things to be made clear tht if this section is applied on an private person directly then we can say nonit can not be applied and i can ditectly advice i can get this section quashed very easily if it is directly applied on an private person but there is a glith in this section then i have see that you have been dieectly applied or indirectly or there is any technical fault in applying the section. i have see the full case to get understand tht tecnical glitch applies in your case or not. if glith applies then i can ditectly get it removed.

Advocate Vishwanath Pratap Singh LawRato

633 votes

Dear querist,

Yes, as the literal interpretation of the wordings of Section 409 IPC states ‘Whoever being in manner entrusted with the property in capacity of a public servant or in the WAY of his BANKER, MERCHANT, FACTOR, BROKER, ATTORNEY OR AGENT, and he commits criminal breach of trust, he is liable for the offence’.

Which means if a private person is anyhow acting in the capacity of the Public servant and representing him as his agent, banker, attorney, factor etc. and committed the Crimimal breach of trust then he can be held liable under section 409. However, when the trial commences, during the charge framing, the evidences and investigation report can be held doubtful, it can be argued that this charges does not made out against the accused.

Advocate Yuganshu Sharma LawRato