Criminal Misappropriation and Breach of Trust are two categories of criminal offenses recognized by the Indian Penal Code (IPC). These offenses are related to the illegal and unauthorized use or disposal of property entrusted to someone.
Criminal Misappropriation
Criminal Misappropriation, as defined under Section 403 of the IPC, involves a person who dishonestly misappropriates or converts to his own use any movable property that he is entrusted with or has control over.
In simple words, this indicates that even if the offender had authority or control over someone else’s property, he used it for his personal gain without the owner’s permission.
Essential Elements of Criminal Misappropriation under IPC
- Dishonest intention: The offender must have the intention to dishonestly misappropriate or convert to his own use any movable property.
- Entrustment or control over the property: The offender must be entrusted with or have control over the property.
- Misappropriation or conversion to own use: The offender must misappropriate or convert the property to his own use.
- Without the consent of the owner: The offender must do so without the consent of the owner.
Punishment of Criminal Misappropriation
According to the IPC, criminal misappropriation is punishable by up to two years in prison, a fine, or both.
Breach of Trust
Breach of Trust, as defined under Section 405 of the IPC, involves a person who is entrusted with property but dishonestly misappropriates or converts it to his own use or dishonestly uses or disposes of that property in violation of any direction of law or legal contract.
In simple words, by using the property for his own purposes without the owner’s permission or in a manner that is in violation of their agreement, the offender has betrayed the trust that the owner placed in him.
Essential Elements of Breach of Trust under IPC
- Entrustment of property: The offender must be entrusted with the property.
- Dishonest intention: The offender must have the intention to dishonestly misappropriate or convert the property to his own use or dishonestly use or dispose of the property in violation of any direction of law or legal contract.
- Misappropriation or conversion to own use: The offender must misappropriate or convert the property to his own use or dishonestly use or dispose of it in violation of any direction of law or legal contract.
- Without the consent of the owner: The offender must do so without the consent of the owner.
Punishment of Breach of Trust
According to the IPC, a breach of trust is punishable by up to three years in prison, a fine, or both.
