What is the meaning of section 406 of IPC?
Punishment for criminal breach of trust
Section 406 in The Indian Penal Code. 406. Punishment for criminal breach of trust. —Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Can Section 406 and 420 be charged together?
First of all, section 406 and 420 of IPC, cannot be charged together. They are self exclusive. Section 406 prescribes punishment for “criminal breach of trust‟ as defined in Section 405 of the IPC. 19.
What is criminal breach of trust in India?
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 …
What is cheating by personification?
Previous Next. 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 or another, or representing that he or any other person is a person other than he or such other person really is. Explanation.
How do you prove 406?
Ingredients which need to be proved by prosecution:
That the property belonged to a person other than the accused. That the dominion of the property was shifted from complainant to the accused. That there has been a request/ legal obligation to restore the property to the complainant/ lawful owner of the property.
Is 406 bailable or not?
The offence of breach of trust under Section 406 is cognizable, and warrant should, ordinarily, issue in the first instance. It is not bailable. It is only compoundable with permission of Court when the value of the property does not exceed Rs.
Can complaint case be quashed?
“It is now settled law that where the allegations set out in the complaint or the chargesheet do not constitute any offence, it is competent to the High Court exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash the order passed by the Magistrate taking cognizance of the …
Can FIR be quashed against one accused?
The Delhi High Court has observed that partial quashing or part quashing of FIR only qua the accused with whom the complainant has compromised or settled the matter can be allowed. Justice Rajnish Bhatnagar quashed an FIR registered under sec.
Is 406 IPC bailable or not?
Is IPC 406 bailable or non-bailable offence? IPC 406 is a Non-Bailable offence.
What is the punishment for cheating case?
Punishment for Cheating
Simple cheating is punishable under Section 417 of IPC. Section 417 of IPC states that whoever is held liable for the offence of cheating shall be punished with imprisonment for a term which may extend to one year or with fine, or with both fine and imprisonment.
What is the punishment for love cheating case in India?
Under Section 497 of the Indian Penal Code, which was the section dealing with adultery, a man who had consensual sexual intercourse with the wife of another man without that husband’s consent or connivance could have been punished for this offence with up to five years imprisonment, a fine or both.
Who can file 406 IPC?
IPC Section 406
| IPC | Chapter XVII |
|---|---|
| S. 406 | Punishment for criminal breach of trust |
| Description | |
| Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. |
Is 406 a cognizable Offence?
On what grounds FIR can be quashed?
FIR Quashing on the basis of Compromise:
The High Court can Quash the FIR at any stage on the basis of compromise. The compromise can be entered into by the Complainant and the accused. In such case, a joint petition under section 482 of CRPC shall be filed by both the parties.
What happens after FIR is quashed?
After the FIR is quashed and the getting discharged from the Court, the acquitted person may pray to the Court for instituting criminal proceedings against the complainant.
Is FIR quashing easy?
Quashing of FIR In Event Of A Compromise Between The Parties
In many instances, the complainant desires to withdraw his complaint upon reaching a settlement with the accused, but the same is not easy when the nature of the matter is Criminal.
At what stage FIR can be quashed?
The High Court can Quash the FIR at any stage on the basis of compromise. The compromise can be entered into by the Complainant and the accused. In such case, a joint petition under section 482 of CRPC shall be filed by both the parties.
Who can file 406?
A is the only owner of this land, so, A can file a court case against B under section 406 IPC because B has done criminal breach of trust.
Can FIR be filed for cheating?
Format of Complaint to Police to register FIR under Section 154 Criminal Procedure Code in a cheating case. Download format in Ms Word. As per Section 154 of CrPC every information relating cognizable offence must be recorded by the Police and copy of FIR should be given to the Complainant.
Is 406 IPC cognizable Offence?
Is it a crime to sleep with a married woman?
India’s top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime.
Can you go to jail for sleeping with a married man?
Adultery isn’t just a crime in the eyes of your spouse. In 21 states, cheating in a marriage is against the law, punishable by a fine or even jail time.
Can FIR be taken back?
Once the Fir is registered, FIR cannot be canceled. Even when the complainants urge for the same. It can be disposed of only as per the manner prescribed under the Criminal Procedure Code. When the Offender cannot be traced even after making all possible efforts, and there are no changes for finding him in the future.
Can police file chargesheet without evidence?
Section 170 of the Code of Criminal Procedure, 1973 states that if after investigation, the officer in charge of the police station (where First Information Report was first filed) believes there is sufficient evidence or reasonable grounds to arrest, they can do so and send a report to the Magistrate.