Wednesday, November 29, 2023

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IPCMODEL ANSWER

CRIMINAL MISAPPROPRIATION VS CRIMINAL BREACH OF TRUST

             

Explain in detail the difference between Criminal Misappropriation of property and Criminal Breach of Trust given under the Indian Penal Code, 1860.

SR. NOCRIMINAL MISAPPROPRIATION CRIMINAL BREACH OF TRUST
1The offence of Criminal Misappropriation of property has been defined under section 403 of Indian Penal Code, 1860.The offence of Criminal Breach of Trust has been defined under section 405 of Indian Penal Code, 1860.
2According to section 403 of Indian Penal Code, 1860, in case of Criminal Misappropriation, the property comes into the possession of an accused person in some natural manner or due to some causality.According to section 405 of Indian Penal Code, 1860, in case of Criminal Breach of Trust, the property is entrusted to an accused person and because of that entrustment, an accused gets the possession of the property.
3According to section 403 of Indian Penal Code, 1860, in case of Criminal Misappropriation of Property, the element of fiduciary relationship is absent.According to section 405 of Indian Penal Code, 1860, in case of Criminal Breach of Trust, a fiduciary relationship exists between the aggrieved person and an accused.
4According to section 403 of Indian Penal Code, 1860, only movable property can be a subject matter of Criminal misappropriation.According to section 405 of Indian Penal Code, 1860, both movable and immovable property can be a subject matter of Criminal Breach of Trust.
5According to section 403 of Indian Penal Code, 1860, in case of Criminal Misappropriation of property, no contractual relationship exists between the aggrieved person and the offender.According to section 405 of Indian Penal Code, 1860, in case of Criminal Breach of Trust, a contractual relationship exists between the aggrieved person and the offender.
6According to section 403 of Indian Penal Code, 1860, if an accused is held liable for having committed the offence of Criminal Misappropriation of Property, then in such a case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.According to section 406 of Indian Penal Code, 1860, if an accused is held liable for having committed the offence of Criminal Breach of Trust, then in such a case, he shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

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