Section 409 refers to a provision in the Indian Penal Code (IPC) that deals with the criminal breach of trust by certain categories of individuals such as public servants, bankers, merchants, factors, brokers, attorneys, and agents. This section is an aggravated form of criminal breach of trust, where these individuals, entrusted with property or dominion over property in their official or business capacity, dishonestly misappropriate or misuse that property.
Key Points of Section 409 IPC:
- It applies specifically to public servants, bankers, merchants, factors, brokers, attorneys, or agents who have been entrusted with property.
- The offence involves dishonest misappropriation or conversion of the entrusted property to their own use or violating the directions under which the property was entrusted.
- The punishment for this offence is severe: imprisonment for life, or imprisonment up to 10 years, along with a fine.
- The section emphasizes the breach of trust by individuals who hold a position of authority or special trust, thus warranting harsher penalties than ordinary criminal breach of trust.
Essentials of the Crime under Section 409:
- The accused must belong to one of the specified categories (public servant, banker, etc.).
- They must have been entrusted with property or have dominion over it.
- There must be a dishonest intention (mens rea).
- A breach of trust must have occurred in relation to the entrusted property.
Examples:
- A public servant entrusted with government funds who misappropriates them.
- A banker who dishonestly transfers a client's cheque amount to their own account.
- A merchant who takes payment but fails to deliver goods.
Punishment:
- Imprisonment for life, or
- Imprisonment up to 10 years, plus a fine.
This section is part of Chapter XVII of the IPC, which deals with offences against property, specifically criminal breach of trust (Sections 405 to 409). Section 409 is considered more serious due to the position of trust held by the accused
. In other contexts, "Section 409" can refer to different laws, such as corporate or tax regulations, but in the most commonly referenced legal context, especially in India, it pertains to this criminal offence under the IPC
. If you need information on Section 409 in another jurisdiction or context (such as tax law or corporate law), please specify.
