Crime & Punishment
Criminal Breach of trust
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Under section 405 of the Penal Code a person commits criminal breach of trust if he (i) being in any manner entrusted with property or with any dominion over property (ii) dishonestly misappropriates or converts to his own use that property, or (iii) dishonestly uses or disposes of that property in violation (a) of any direction of law prescribing the mode in which such trust is to be discharged, or (b) of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so.
Punishment: -Imprisonment of either description for three years or fine or both. (S.406)
In the case of Babaji Bin Bhau (1967) 4 B.H.C. (Cr) 16, the accused were entrusted with some silver for the purposes of making ornaments and they introduced copper into the ornaments. It was held that they were guilty of criminal breach of trust.
In the case of Shakir Hossain v. State 9 DLR (SC) 14, it was held that where the charges against an person is that of criminal breach of trust, the prosecution must prove not only entrustment of or dominion over property but also that the accused either dishonestly misappropriated, convicted, or used, that he willfully suffered some other person to do so.
In the case of Shamsul Alam & others v. AFR Hasan & others 40 DLR 46, it has been observed that violation of contract will hold good for an offence of criminal breach of trust if the condition as to “ entrustment” within the meaning of section 405 is satisfied.
Source: Penal Code by L.Kabir.
-Compiled by Law Desk.
