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IPC Section 406 - Punishment for criminal breach of trust


Last Updated: 01 Oct, 2026
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 406 has been replaced with BNS Section 316 with effect from July 1, 2024.
(IPC Section is included as sub-section in BNS sans heading. The upper limit of the imprisonment is increased from three years to five years.)

Please refer to BNS 316 for updated procedures & punishments.

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.


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Punishment for criminal breach of trust

Offence : Criminal breach of trust


Punishment : 3 Years or Fine or Both


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Magistrate First Class



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Frequently Asked Questions


What is Section 406 of the Code of criminal Procedure?

Only in extreme cases should the power to transfer be used under Section 406, CrPC. This Court has only allowed transfers in exceptional situations, considering that transfers could cast unnecessary doubts on the State Judiciary or the Prosecution Agency. 17 Mar 2023


Can I get bail in 406 IPC?

The bail is grenade based on the discretion of court.


What is the IPC for breach of trust?

According to Section 405, IPC, criminal breach of trust is defined as: Whoever has been entrusted in any way with property or any dominion of property dishonestly misappropriates, converts that property for his own use, or dishonestly disposes or uses that property in violation any law prescribing...


Can Section 406 and 420 be charged together?

It is not possible to combine the offences under Sections 406 or 408 with Section 420. ...