INDIAN PENAL CODE

405. Criminal breach of trust:- Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriated 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, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".

(Explanation (1. Inserted by Employees Provident Fund and Family Pension Fund (Amendment) Act, 1973, No. 40 of 1973 (w.e.f. 1-11-1973).) (1). (2. Numbered as Explanation by Act 38 of 1975, S. 9 (w.e.f. 1-9-75)) a person being an employer, (3. Inserted by Act 33 of 1988, S. 27, (w.e.f. 1-8-1988).) (of an establishment whether exempted under Section 17 of the Employees Provident Fund and Miscellaneous provisions Act, 1952, or not) who deducts the employees contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.).

(Explanation (4. Inserted by Employees State Insurance (Amendment) Act No. 38 of 1975.) A person, being an employer who deducts the employees contribution from the wages payable to the employee for credit to the Employees State Insurance Fund held and administered by the Employees State Insurance Corporation established under the Employees State Insurance Act, 1948 shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid."

Illustration:

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will and appropriates them to his own use. A has committed criminal breach of trust.

(b) A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach of trust.

(c) A, residing in Calcutta, is an agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Zs direction. Z remits a lakh of rupees to A, with directions to invest the same in companys paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that if will be more for Zs advantage to hold shares in the Bank of Bengal, disobeys Zs directions and buys shares in Bank of Bengal for Z instead of buying Companys paper, here, though Z should suffer loss and should be entitled to bring a civil action against A, on account of that loss yet A not having acted dishonestly, has not committed criminal breach of trust .

(e) A, a revenue officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied with the Government to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the money. A has committed criminal breach of trust.                                                                                                          Top

416. Cheating by Personation:- A person is said to "cheat by personation" if he cheats by pretending to be some other person or by knowingly substituting one person for another, representing that he or any other person is a person other than he or such person really is.

Explanation- The offence is committed whether the individual personated is a real or imaginary person.

Illustrations

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

417. Punishment for cheating:- Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

420. Cheating and dishonestly inducing delivery of property:- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration:- Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subjects to any charge any property or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the persons or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

425. Mischief:- Whoever, with intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief"

Explanation 1:- It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property whether it belongs to the person or not.

Explanation 2:- Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustration:- (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z, A has committed mischief.

(c) A Voluntarily throws into a river a ring belonging to Z, with the intention or thereby causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A, having insured a ship voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon the filed belonging to Z, intending to cause and knowing that he is likely to cause damage to Zs crop. A has committed mischief.

427. Mischief causing damage to the amount of fifty rupees:- Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both .

(Sec. 479 ( of Cr.P.C. ). Cases in which Judge or Magistrate is personally interested.- No Judge or Magistrate shall, except with permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation:- A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned there in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case. ( Sec. 479: of Indian Criminal Procedure Code. )

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