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SECTION 406 IPC - Indian Penal Code - Punishment for criminal breach of trust

Description of IPC Section 406
According to section 406 of Indian penal code, 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.
Offence | Punishment | Cognizance | Bail | Triable |
---|---|---|---|---|
Criminal breach of trust | 3 Years or Fine or Both | Cognizable | Non-Bailable | Magistrate First Class |
Offence : Criminal breach of trust
Punishment : 3 Years or Fine or Both
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Magistrate First Class
FAQ's on IPC Section 406
What offence is defined under IPC 406?
IPC 406 Offence: Criminal breach of trust.
What is the punishment for IPC 406 Case?
The punishment for IPC 406 is 3 Years or Fine or Both.
Is IPC 406 cognizable offence or non-cognizable offence?
IPC 406 is a Cognizable.
How to file/defend your case for IPC 406 offence?
Use LawRato for filing/defending your case under IPC 406 with the help of best criminal lawyers near you.
Is IPC 406 bailable or non-bailable offence?
IPC 406 is a Non-Bailable offence.
In what court can IPC 406 be tried?
IPC 406 is tried in the court of Magistrate First Class.
Legal Questions Answered by Top Lawyers on IPC 406
This is regarding my ancestral property which belongs to my Father and his siblings. My father has 3 siblings and we want to divide property equally among us and get our own share. We tried all possible ways to resolve this mutually but nothing worked. Seems like they are not ready to give our share and also illegally started doing construction on the Land that is not yet divided, So is IPC section 405 and 406 can be applied on them. If yes then how to file a case/police complaint against it.
Answer
It seems that you have a good case partition and separate possession. You can also bring stay to the construction and bring them to knees. Then you can bargain of you terms. For filing case under section 405 you need to file a private complaint case before the magistrate within whose jurisdiction the property is located. You need to establish that the property was entrusted with them as caretaker and misuse it.
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Hello sir..mere cousin or uske kuch frdnz ko cyber cell ki team ne arrest kia tha 25 jan ko.. FIR me section 420 406 and 66A lgaya h.. to is case me chargesheet file krne ki maximum time limit qa hogi? or bail kitne din me possibl h becoz jb se leke ab tk sirf dates mil rahi h court se
Answer
Hi. The time for completing the investigation and filing the charge-sheet/Final Report is 60 days if the alleged accused persona are in police custody. Grant of bail totally depends on the actual facts of the case and the role described by the police in the charge-sheet. Chances of getting bail can only ascertained after reading the relevant documents and evaluating the relevant facts.
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My past working company has charged against me on section IPC 420 & 406: 1. Charged me that I broke the working bond of 2.5 years and left the organisation without informing them. # I had working bond of 1 year after completion of 6months probation period. I have spent 1 year & 5months. Post that I have submitted my resignation which they have accepted and gave me the relieving letter as well as working experience. 2. According to the bond, I shall not be liable to join any competitor company till 2 year post resignation. #I don’t have any choice, I was looking for a job change but could able to find and they were pressurising me with heavy load work. 3. Another charge that they have put on me is that on leaving the co. or after my absence, There are some file which are missing as well the laptop that they have allotted to me. #As reply, they have never issued me any laptop. I was working on a desktop based PC which I had handed over to them; I have the evidence.
Answer
Sir, perused your query in details. Sir, you should have approached some lawyer earlier and this false case against you could have been prevented. However, you can get your case quashed from the Hon'ble High Court. Please contact for more details.
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I am a family pensioner. An excess amount of Rs. 452000 was deposited into my pension account on January 2017. On 13.4.2018, treasury officer asked to refund the amount as it was deposited wrongly. I had refunded the money immediately on 15th April, 2018. But after refund they lodge a FIR under section 406 & 409 IPC. Now I need anticipatory bail. May I get bail? I am an innocent family pensioner.
Answer
hi, in your case as per your depiction you are innocent its clear but here its your duty to tell the authority that an amount has been deposited in my account which you are not supposed to get, then also you can get bail, fell free to ask anything on call.
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A person say X stays in Guwahati, Assam under the Jalukbari Police Station.His friend say Y goes to the Officer-in-charge(short form-OC) and has an understanding with the OC.The OC tells his sub-officers to go and bring Mr.X to the police station.The reason he was brought to the police station was because of the complaint given by Mr.Y who told the OC that Mr.X had taken 7 lakh Rupees from him for Setting up of a wine shop and its licence.Mr.Y is a cousin of Mr. X who stays at his own home.Now, comes the real twist. Mr.Y has a deposit slip of the 7 lakh rupees that he has given to Mr.X in his bank account.And Mr. Y also shows the OC the xerox copy of the cheque that was given by Mr. X AGAINST the 7 lakh rupees money he had taken for the setting up of a wine shop for Mr.Y.However,Mr.X denies that he had not taken the money from him and that they two were engaged in some other business.Mr. X tells the OC that Y had withdrew the money according to bank statement.OC arrests X and jailed.
Answer
FILE A BAIL APPLICATION BEFORE COURT BEFORE THE CONCERNED JUDICIAL ,MAGISTRATE.
Your case needs proper reading of case materials, because complaint has been loadged which contains papers and documents. You have to contest the case before Trial Court and have to prove that documents submitted with Charge Sheet by police are concocted and complete false.Hire a good lawyer
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1 Police chargesheeted the defendant under IPC 406 without any bills or other evidences or even a proper admit list of complainant. Should the defendant complain to CM/ DGP or should try to get it quashed? 2 Police chargesheeted defendant under IPC 498A without any MLC and without any evidence showing danger to life or limb of the complainant by defendant. Is police wrong in chargesheeting defendant under IPC 498A 3 If Police has already submitted the chargesheet, are they in position to play any mischief if any RTI or legal action is taken against them 4 In Chargesheet, complainant claims a certain cash amount of complainant snatched by defendant thought the same claim is not part of the FIR. Can a chargesheet be written in this way? 5 In CrPC 482 quash petition for IPC 498A, are no evidences no matter how overwhelming are weighed at all while deciding the petition 6 What is best, to submit evidences in court at first opportunity or after final cross exam?
Answer
Dear Anonymous,
Here is the pointwise answer to your queries:
1. The best option is to get the FIR quashed by the High Court.
2. No police is not wrong in that regard. The police can charge the accused person if it is satisfied in any way that the accused is guilty. However, if the chargesheet does not provide sufficient ground for action then it can be quashed.
3. Please be clear with this question. Specify as to what action you want to take against the police. If you take any legal action, the police won't commit foulplay unless the police officer is involved with the complainant wrongfully. However, a crooked policemen can harass you in many ways with this sort of case.
4. Charge sheet can only mention the relevant sections of law under which the crime has been commited. If the section is not available, only then the chargesheet can mention the crime under words. FIR in the other hand can mention such things.
5. No, the High Court doesn't weigh evidence while deciding the petition.
6. This question is very subjective. I can answer only after being provided with further facts.
Feel free to contact for detailed consultation.
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Dear Sir, Due to tortures, my daughter was compelled to leave her matrimonial home. she lodged a police complaint annexing therewith a list of her stridhan . before lodging the complaint, she asked for return of her stridhan over phone. After long 8 months , the police searched and seized the stridhan articles from her matrimonial home /bank locker . The original bills of the stridhan gold items were also seized from her by police. What are the chances of conviction of her husband u/s 406 .
Answer
Hello,
Section 406 IPC is playing a large place in every Criminal matters. The chances to convict an accused in this section is very high. This should be a trailable case. Firstly, the police should give a notice to the accused and after that an anticipatory bail should be taken from the appropriate Court. If the case will be proved then the punishment should be 7 years imprisonment.
Thank you
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Section 406 story is fabricated by my wife along with 498a.caw cell counselling failed.fir registered also.no notice recieved yet from police .am tensed as it is criminal charge.we are ready to return all items including jwellery .she herself has not picked from our house.if we return it or police recover it would there be any conviction .we never denied .we just said that we will give through court.no list is submitted to me yet.further there is false allegation that my mother taken jwellery and not returned.would gold given to me my father and mother on marriage also covered under stridhan?all bills are on wife name!
Answer
File for anticipatory bail and have it transferred to Mediation and settle the matter there so that FIR can be closed by the Magistrate.
In the anticipatory bail, you could contest the matter on merits.
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I will be pressing for action under Sec. 406 IPC. However, the opp. parties (my in-laws) are senior citizens, whether any leniency would be given by the court if I file this case u/s 406. The conspiracy was hatched by my (1) in-laws, (2) two brother-in-law and (3) my sister-in-law. All are residing at my own residence (free of cost) from 2003 to 2007 and thereafter they taken away our property documents and kept with them illegally. Now, If I want to go ahead to file case u/s 406, do I have to include my brother-in-laws/sister-in-law as a party? (they have all signed as witness) . Where to file this case (in the magistrate court or in the police station). Please advise.
Answer
You definitely need to include names of all the persons who were involved in the offence. ....Read More
My father was charged of ipc 420,406..a person steal blank chque of my mother from father s office..and also do check return after 2-3 year of my father s death..he appeal to police..police filed 420,406,114 against my mom of only evidences of my father transfer some fund to my mothers bank acoount..and she withdraw with atm..no further evidence..main fact is police and person who steal check filed complain after 2-3 year of my father death..should i worry?or we ll b free of this legal fight soon..thank you..
Answer
This is a fit case for quashing before the Hon'ble High Court under 482 of crpc. As per my understanding, there is no prima facie evidence made out against your mother and thus we can easily get protection. Please act immediately as the police can arrest your mother in order to create pressure and harassment
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It's a 406 case against accused in ghaziabad lower court. Accused is residing in meerut. Court issued NBW 5 times but police is bribed so heavily that they didn't listen to court order. Please suggest what could be done in this case?
Answer
You require to approach your advocate and told him to approach the court with the prayer to issue notice to SS. P Meerut along with NBW and then approaches the concern police station officer where the accused resides and follow him to execute the NBW
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