What is the section 409?

What is the section 409?

—Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1[imprisonment for …

What is criminal breach of trust Singapore?

What is Criminal Breach of Trust (CBT)? CBT is governed by sections 405 to 409 of the Penal Code of Singapore, and is generally defined as the dishonest misuse of funds or property by someone who has been entrusted with dominion over that property.

How do you get bail in 409?

409 IPC is non bailable, such bail will solely depend upon the ingredients present in the case of your and any malafide in process followed in investigation, moreover, it is necessary to satisfy the learned court and/or judge & the accused will face the trial upon terms and conditions laid down by the learned court …

Which is essential element of criminal breach of trust?

The essential ingredients of Criminal breach of trust are: The accused must be entrusted with property or dominion over it. He must have dishonestly misappropriated the property or converted it to his own use or disposed of it in violation of such trust[v].

Is IPC 409 bailable?

Section 409 IPC is a Cognizable and non-bailable offence, triable by a Magistrate of the first class. The person guilty becomes liable to the punishment of imprisonment which can be simple or rigorous for a term of up to 10 years along with fine.

Is 409 IPC compoundable?

under section 409 is a NON-COMPOUNDABLE OFFENCE in CrPC and a settlement drawn in such a case has to be very well guarded and needs to call for intervention of the State High Court under Section 482 for quashing of the FIR so that the case does not continue to be unaffected of the settlement.

What is punishment for criminal breach of trust?

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.

What is civil breach of trust?

An act of breach of trust involves a civil. wrong in respect of which the person may seek his remedy for damages. in civil courts but any breach of trust with a mens rea gives rise to a. criminal prosecution as well.

What is criminal breach of trust by public servant?

Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life.

Is 409 a cognizable offence?

What is a breach of trust under the Penal Code?

Section 405 of the Penal Code provides the definition of the offence of criminal breach of trust (“CBT”). When a person is entrusted with property or has dominion over property, and dishonestly misappropriates or converts to his own use that property, he may be liable for the offence of CBT.

What is a breach of trust by a carrier?

Criminal breach of trust by carrier, etc. 407 Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Can you go to jail for breach of trust?

Aggravated criminal breach of trust. If you hold a special position and abuse your power, you could be charged under the Penal Code provisions for aggravated CBT. Under sections 407 and 408 of the Penal Code, carriers, wharfingers and warehouse-keepers, or clerks and servants, who commit CBT can be imprisoned for a term of up to 15 years and fined.

What is a criminal breach of trust in Singapore?

Dishonesty is a key element in qualifying an offence as a Criminal Breach of Trust. According to section 24 of the Penal Code of Singapore, dishonesty happens when someone acts with the intention of receiving wrongful gain or causing wrongful loss to another person.