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Theft and Criminal Breach of Trust Explained Under Law Theft and Criminal Breach of Trust Explained Under Law

Bronze medal Reporter Adv Sanu Posted 1 Dec 2019 Read More News and Blogs
Theft and Criminal Breach of Trust Explained Under Law

Theft and criminal breach of trust are a slight difference, from each other. In theft, the property is taken out of the possession of another person without his consent. In a criminal breach of trust, the property of another is being misused or disposes of without the consent of another person or real owner.

Section 378 of the Indian Penal Code defines theft – “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft’’.

The following are the main features of theft…

1) The accused must have a dishonest intention to take the property.

2) The property must be movable;

3) The Property must be taken out of the possession of the person, resulting in wrongful gain by one and wrongful loss to another; 

4) The property must be moved.

5) Taking must be without that person’s consent.

For example;

A being B's servant, and entrusted by B with the care of B's plate, dishonestly runs away with the plate, without B's consent. A has committed theft.

Section 405 of the Indian Penal Code defines 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 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”. Lawyers in India know more about this.

The following are the main features of a criminal breach of trust…

1) The accused must be entrusted with property or with dominion over property;

2) The person who entrusted must – 

a) In violation of any directions of law prescribing the mode in which such property is to be discharged.                                                                    

b) Any legal contract made touching discharge of such trust.

 i) Dishonestly misappropriate or convert to his use that property or

 ii) Dishonestly use or dispose of that property or willfully suffer any other person to do so

For example;

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 a criminal breach of trust.

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