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SECTION 408 IPC - Indian Penal Code - Criminal breach of trust by clerk or servant


Last Updated: 01 Jun, 2024
By Advocate Chikirsha Mohanty


Table of Contents
  1. IPC 408 in Simple Words
  2. IPC Section 408 related FAQs
Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.



IPC 408 in Simple Words

If a clerk or servant, entrusted with property, betrays that trust and commits criminal breach of trust, they can be punished with imprisonment for up to seven years, along with a fine.

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Offence : Criminal breach of trust by a clerk or servant


Punishment : 7 Years + Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Magistrate First Class






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Frequently Asked Questions


What is 408 section of IPC?

If a person is a clerk, servant, or employee of a clerk, servant, and has been entrusted with property or any dominion on property in this capacity, they are punished by imprisonment in either category for a period that may extend to a year.


How can I get bail in IPC 408?

After discussing the entire case with valid documents that prove your claim is genuine, you can either file for regular bail or anticipatory bail depending on the material in an ....1 Dec 2023


What is the difference between 408 and 409 IPC?

The ingredients of the offense are the same under both sections. Both sections require that the character of the individual who committed the offense be a part of the offence. In Section 409, unlike Section 408, Indian Penal Code the Government servant can only be prosecuted as a public servant.


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...