Section 406 IPC provides punishment for criminal breach of trust. The definition appears in Section 405 IPC. Research should therefore read the definition and punishment together, rather than relying only on the phrase “406 IPC” in an FIR.
Entrustment and dishonest dealing
Criminal breach of trust involves entrusted property or dominion over property and the alleged dishonest misappropriation, conversion, use, or disposal described in the statute. A payment dispute does not establish all of these elements by itself.
In a client conference, ask what property was entrusted, to whom, for what purpose, and under which instruction or agreement. Then identify the act alleged to violate that purpose. Keep the answers tied to records rather than using “breach of trust” as a label for every unpaid amount.
Punishment: IPC 406 and BNS 316
Under IPC Section 406, punishment may extend to three years, or a fine, or both. Under the general BNS provision, Section 316(2), imprisonment may extend to five years and a fine may also apply. Section 316 contains separate provisions for particular categories of entrusted persons. It is not safe to copy the IPC punishment into a BNS case.
For conduct before 1 July 2024, the IPC can remain relevant under the repeal and savings provisions. For later conduct, check the BNS. The date of the alleged offence matters; an FIR's registration date alone does not settle the applicable substantive law. A section mapping is a starting point for research, not a substitute for reading the new provision.
Documents for an entrustment timeline
| Question | Records to examine |
|---|---|
| What was handed over? | Inventory, bank record, receipt, or acknowledgment. |
| Why was it handed over? | Agreement, instruction, correspondence, or recorded purpose. |
| Who controlled it? | Account authority, custody records, or access documents. |
| What happened next? | Transfer records, expenditure, demand, response, or return record. |
Retain the complete conversation around an acknowledgment. A screenshot of one message may omit a later clarification or the terms on which money was received. Separate records proving transfer from records proving the purpose of transfer.
Drafting a complaint or response
Organise the draft around the property, entrustment, alleged dishonest act, and supporting documents. Mark missing evidence explicitly. Avoid inventing dates, amounts, contractual terms, or admissions to make a narrative appear complete.
Juniorlawyer's document and drafting features can help turn a file into a first chronology and draft. Review the factual assertions and applicable code before sending or filing it. Explore house-trespass under Section 448 IPC for a separate property-related offence, or return to the law guides library.