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CHAPTER XVII OF OFFENCES AGAINST PROPERTY · Of criminal breach of trust

Section 409: Criminal breach of trust by public servant, or by banker, merchant or agent

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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 1[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.

Footnotes in the official text

  1. 1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

Now in the BNS

As given in the official comparison tables of the Bureau of Police Research and Development and the Allahabad High Court (the NCRB table has no row for it). Read both texts before relying on it.

IPC 409BNS 316(5)

Questions on this section

2 questions in 6 of our papers cite Section 409. Try these from the free papers:

  1. 1. Z entrusts Rs 5,00,000 to A, a commission agent, in the way of A's business as an agent, for buying goods on Z's behalf. A dishonestly uses the money in his own business. A is punishable under:

Practise questions on Criminal Law