BNS Section 316 – Criminal breach of trust

Amit Kapoor05 mins

The Indian Penal Code (IPC) Section – 405,409

Bharatiya Nyaya Sanhita (BNS) Section 316: Criminal Breach of Trust

This section deals with the crime of dishonestly misusing property entrusted to someone. Below is a simple explanation of the law in easy-to-understand language:

What is Criminal Breach of Trust?

Criminal breach of trust happens when a person:

  1. Is entrusted with property or has control over it (e.g., as an employee, agent, or public servant).
  2. Dishonestly uses or misuses the property for their own benefit.
  3. Violates legal rules, agreements, or contracts related to how the property should be handled.

Examples of Criminal Breach of Trust:

  1. A lawyer steals money given by a client for a legal case.
  2. A warehouse owner sells goods stored by a customer without permission.
  3. A bank manager uses a customer’s deposits for personal investments.
  4. An employer deducts employees’ provident fund contributions but does not deposit the amount.

Key Elements of the Offence

  1. Entrustment of Property:
    • The accused must be legally entrusted with the property (e.g., as an employee, agent, or trustee).
  2. Dishonest Intent:
    • The person must act dishonestly to gain personal benefit or cause loss to the owner.
  3. Misappropriation or Misuse:
    • Using the property against the terms of the trust, law, or agreement.

Punishment for Criminal Breach of Trust

Type of OffencePunishment
General Criminal Breach of Trust– Jail term up to 5 years, or
– Fine, or
– Both.
By Carrier, Warehouse-keeper, etc.– Jail term up to 7 years, and
– Fine.
By Clerk, Servant, or Employee– Jail term up to 7 years, and
– Fine.
By Public Servant, Banker, Merchant, etc.– Life imprisonment, or
– Jail term up to 10 years, and
– Fine.

Other Important Details

AspectDetails
CognizablePolice can arrest without a warrant.
Non-bailableAccused cannot easily get bail (except where specified).
Court for TrialMagistrate of the First Class (for most cases).

Examples from the Law

  1. Example 1:
    • A is entrusted with dividing a deceased person’s property as per their will but steals it instead. This is a criminal breach of trust.
  2. Example 2:
    • A bank manager uses customer deposits for personal business. This is a serious breach of trust.
  3. Example 3:
    • An employer deducts employees’ provident fund but does not deposit it. This is considered a breach of trust.

Why is this Law Important?

  1. Protects Trust:
    • Ensures people in positions of trust (e.g., bankers, agents, public servants) do not misuse their authority.
  2. Deters Fraud:
    • Strict punishments discourage dishonest handling of entrusted property.
  3. Safeguards Property:
    • Protects individuals and organizations from financial fraud and betrayal.

Summary

The Bharatiya Nyaya Sanhita (BNS) Section 316 punishes those who dishonestly misuse property entrusted to them. Punishments range from fines to life imprisonment, depending on the offender’s role (e.g., public servant, clerk, or banker). The law ensures accountability and protects against breaches of trust in professional and personal relationships.

Related News