IPC 405 vs BNS 405 – Criminal Breach of Trust
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 405
Criminal breach of trust
About IPC Section
Section 405 of the Indian Penal Code, 1860, defines criminal breach of trust. It applies when a person entrusted with property or dominion over it dishonestly misappropriates or converts it for their own use, violating the trust placed in them. This section forms the foundation for trust-related offences in Indian law.
Key points:
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Applies when a person is entrusted with property or control over it and dishonestly misuses it.
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Punishment: Varies depending on severity; up to 3 years imprisonment, fine, or both.
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Focuses on upholding confidence in fiduciary relationships, including personal, professional, and contractual arrangements.
For example, if a person entrusted with funds for safekeeping uses them for personal purposes, it constitutes criminal breach of trust under IPC 405. The law ensures legal accountability for misuse of entrusted property, thereby maintaining social and professional trust.
Section: BNS 405
Criminal breach of trust
About BNS Section
Section 405 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 405. It punishes acts of criminal breach of trust, maintaining the same scope and general punishment as IPC 405.
Key points:
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Protects property owners by criminalizing misuse of entrusted property.
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Punishment remains up to 3 years imprisonment, fine, or both.
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Covers acts where fiduciary responsibility is violated for dishonest gain.
For instance, embezzling funds from a client account by an agent falls under BNS 405. This provision ensures strict deterrence against breaches of trust, fully aligning with IPC 405.