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

Description

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.

Applicable Offences

Criminal breach of trust

Punishment - 3 Years or Fine or Both

This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

This offence is compoundable by The owner of the property in respect of which the breach of trust was committed, with the permission of the Court .

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.