Indian Penal Code, 1860
Section 406
repealedPunishment 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.
Why this exists
This is the general punishment clause for the basic form of criminal breach of trust. It provides a baseline penalty, while more serious versions committed by specific categories of people, like clerks, public servants, or bankers, carry heavier punishments under later sections. Under the Bharatiya Nyaya Sanhita, 2023, this punishment corresponds to Section 316(2).
How courts read it
Courts apply this general punishment provision once the ingredients of Section 405 are established, and use the three-year ceiling as their sentencing guide unless a more specific aggravated section applies.
Common misconceptions
- Myth: Criminal breach of trust always leads to life imprisonment.
Fact: The basic punishment under this section is capped at three years; harsher sentences apply only under special sections for specific offenders like public servants.