What is criminal breach of trust by public servant?
What is criminal breach of trust by public servant?
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.
What does criminal breach of trust mean?
Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to …
What are the elements of criminal breach of trust?
The essential ingredients of Criminal breach of trust are: The accused must be entrusted with property or dominion over it. He must have dishonestly misappropriated the property or converted it to his own use or disposed of it in violation of such trust[v].
What is punishment for criminal breach of trust?
Punishment for criminal breach of trust. —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.
How does it differ from criminal breach of trust?
Relationship: In Criminal Misappropriation, there is no contractual relationship between the offender and owner of the property, but in Criminal Breach of Trust, there is a contractual relationship between the offender and owner regarding the property.
What happens when a trust is breached?
A Breach of Trust may also occur where the trustee makes a profit for himself out of the trust property, or mismanages it in a way that causes it to lose its value. However this occurs, the intended beneficiary loses the benefit that was intended for him, or is deprived of benefit that is rightfully his.
What happens if a trustee breaches their duty?
If a trustee breaches a fiduciary duty or otherwise does not act in good faith, then the beneficiaries may suffer economic losses. However, you may be able to recover monetary damages through a breach of trust case. He is a certified specialist in trust law as well as estate planning and probate law.
Is criminal breach of trust a cognizable offence?
Criminal breach of trust is a non-bailable and cognizable offence, which is triable by Magistrate of the first class. Also, this offence is compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
What happens when there is a breach of trust?
When a trust breach occurs, a probate court can impose serious consequences and penalties, including suspension or removal as trustee or being surcharged – probate for being ordered to pay money – for damages caused by the breach. In rare and extreme cases, trustees can even face criminal charges.
What is criminal breach of trust?
The definition of Criminal Breach of Trust (“CBT”) is laid out under Section 405 of the Penal Code. The offender dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged.
What is breach of trust under Indian law?
Editor’s Note: Criminal breach of trust is defined under Section 405 of the Indian Penal Code, 1860. The section, in a nutshell, reads as ‘dishonest misappropriation’ or ‘conversion to own use’ another person’s property.
What is breach of trust under IPC?
The offense of criminal breach of trust, as defined under section 405 of IPC, is similar to the offense of ‘embezzlement’ under the English law.
What happens if you are a victim of a CCTB offence?
CBT offences could possibly lead to the loss of large amounts of money, as seen from the cases above. In order to prevent ourselves from being victims of this offence, we should always stay vigilant and check if there are any irregularities in our finances, or the finances of our businesses.