Indian Penal Code 1860
Section 409 :
Criminal breach of trust by public servant, or by banker, merchant or agent:
(See section 316(5) of BNS 2023)
Classification of Offence:
Offence: Criminal breach of trust by public servant or by banker, merchant or agent, etc.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.( State Amendment, Madhya Pradesh : Court of Session )
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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 life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
State Amendment :
Madhya Pradesh :
Offence under section 409 is triable by Court of Session.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).