SECTION 409 IPC - Indian Penal Code - Criminal breach of trust by public servant, or by banker, merchant or agent

Section 409 IPC lays down criminal charges on public officers, bankers, merchants, factors, brokers, attorneys, and agents who, while in possession of or having control over properties, commit criminal breaches of trust concerning those properties. These individuals possess immense authority over the assets assigned to them.

Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC 409 in Simple Words

Individuals in certain professions, like bankers, lawyers, and shopkeepers, are entrusted with other people's money or property. This trust comes with a responsibility to use it honestly and carefully. If they break this trust by misusing the property, they can be punished under Section 409 of the law. It is punishable with life imprisonment or imprisonment for up to ten years, along with a fine.

Essential Ingredients to Prove the Offence Under IPC Section 409

• The offender must be a public servant (and other professionals mentioned above)

• Such accused must be entrusted with property

• The accused shall possess ‘Mens Rea’ (doing the unlawful act with the guilty mind or with intention)

• The accused must have committed a criminal breach of trust with the entrusted property over which they possess special control as a person in authority and trust

In R. Sai Bharathi v. J. Jayalalitha (2004), one of the company's partners (accused) was the chairman who possessed no authority over the company's assets. Furthermore, the Chairman and the firm had no trustee-fiduciary relationship. The property was not under the Chairman's control. The offender was found not guilty under Section 409 IPC by the Supreme Court because there was no entrustment.

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Cited by

• Anwar Chand Sab Nanadikar vs State Of Karnataka

• Narinderjit Singh Sahni And Anr vs Union Of India And Ors

• T P Gopalakrishnan vs The State Of Kerala

• Malkeet Singh Gill vs The State Of Chhattisgarh

• Kailash Kumar Sanwatia vs The State Of Bihar And Anr

Punishment under Section 409 of IPC

People who commit a criminal breach of trust, including public workers, bankers, merchants, factors, attorneys, or agents, are subject to harsh penalties under Section 409 of the Indian Penal Code (IPC). According to the provision, the person committing the offence shall be punished with imprisonment for life or with imprisonment for a term which may extend to ten years and shall also be liable to a fine.
This section provides a distinction between two types of criminal breaches of trust:

• those perpetrated by common people, carriers, clerks, or servants (Sections 406 to 408)

• those committed by those in positions of special trust and responsibility (Section 409)

Get a comprehensive understanding and guidance on IPC Section 409 and on other IPC sections at Indian Penal Code,1860

Why do you need a lawyer?

It is essential to seek a lawyer to deal with a case under Section 409 of the IPC. They ensure that your rights are upheld and your interests are successfully defended by offering legal advice, preparing defence plans, and representing you in court. You can find the best criminal lawyers through LawRato.