Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of criminal breach of trust
Section 406: Punishment for criminal breach of trust
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 406
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State of Rajasthan v. Parmeshwar Ramlal Joshi and Others
Issue arose whether the High Court was justified in reviewing its earlier orders while exercising jurisdiction u/s.528 BNSS [s.482 CrPC]
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Anukul Singh v. State of Uttar Pradesh and Anr.
Issue arose whether the High Court was justified in rejecting the application seeking quashing of the charge sheet as well as the consequential proceedings arising out of the FIR registered for offences punishable…
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Mrs. Shailja Krishna v. Satori Global Limited & Ors.
Whether the company petition decided in favour of the Appellant by the NCLT was maintainable u/ss.397 and 398, Companies Act, 1956 Act; assuming that the company petition was maintainable, whether the NCLT had…
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S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
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Gajanan Dattatray Gore v. The State of Maharashtra & Anr.
Whether the bail granted to the appellant-accused on the basis of his undertaking to deposit Rs.25,00,000/- was rightly cancelled by the High Court on his failure to deposit the same.
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Anurag Bhatnagar & Anr. v. State (NCT of Delhi) & Anr.
(i) Whether the High Court in exercise of its power u/s.482 of CrPC or under Art.226/227 of the Constitution is justified in refusing to quash the FIR No.380/2005, u/ss.420, 120-B and 34 of the IPC and the order dated…
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M.C. Ravikumar v. D.S. Velmurugan & Ors.
Whether a second quashing petition u/s.482 CrPC would be maintainable on the grounds/pleas that were available to be raised even at the time of filing/decision of the first quashing petition.
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Mala Choudhary & Anr. v. State of Telangana & Anr.
Issue arose as to correctness of the order passed by the High Court dismissing the petition filed by the appellants, seeking quashing of FIR.
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Pradeep Bhardwaj v. Priya
Issue arose as regards the correctness of the judgment passed by the High Court dismissing the matrimonial appeal filed by the appellant-husband refusing to grant divorce to the parties.
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State by Deputy Superintendent of Police v. B.T. Ramesh & Anr.
Issue arose whether the High Court was justified in quashing the criminal proceedings, on the grounds of the chargesheet having been filed more than four years after the date of the alleged incident and lack of…
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Kathyayini v. Sidharth P.S. Reddy & Ors.
The High Court quashed the criminal proceedings against respondent nos.1 and 2 in two complaint cases whereby they were charged for offences punishable u/ss.120B, 415, 420 r/w. s.34 of Penal Code, 1860. Whether a prima…
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Ghanshyam Soni v. State (Govt. of NCT of Delhi) & Anr.
Issue arose whether the cognizance on the complaint u/ss.498A rw s.34 IPC was taken beyond the limitation period as mandated u/s.468 CrPC; and whether the prima facie case u/ss.498A rw s.34 IPC was made out against the…
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Vinod Bihari Lal v. State of Uttar Pradesh & Anr.
Issue arose whether the High Court was justified in rejecting the applications filed u/s.482 Cr.PC by appellant for quashing the proceedings arising out of FIR u/s.2 and 3 of U.P. Gangsters & Anti-Social Activities…
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Raghunath Sharma & Ors. v. State of Haryana & Anr.
Correctness and legality of the impugned judgment whereby the High Court restored FIR previously quashed, recalling the order of quashment.
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Shrichand Rajaram Kukreja and Anr. v. The State of Maharashtra and Anr.
Whether the allegations levelled in the impugned-FIR disclose a dispute of civil in nature; whether the proceedings of the impugned-FIR and the chargesheet filed as a culmination of the investigation is a gross abuse of…
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Muppidi Lakshmi Narayana Reddy & Ors. v. The State of Andhra Pradesh & Anr.
Issue arose as regards the correctness of the order passed by the High Court dismissing the petition of the appellants u/s.482 CrPC seeking quashing of the proceedings against them.
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Pramila Devi & Ors. v. The State of Jharkhand & Anr.
The Additional Judicial Commissioner took cognizance against one V and appellants on 13.06.2019 in SC/ST Case No.08/2017. Whether the Additional Judicial Commissioner while taking cognizance has to record detailed…
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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Rikhab Birani & Anr. v. State of Uttar Pradesh & Anr.
Whether the High Court erred in dismissing the s.482, CrPC application filed by the appellants despite the matter being civil in nature.
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Sushila & Ors. v. State of U.P. & Ors.
Whether High Court correctly disposed of the prayer for quashing of the summoning order issued by the Trial Court in Complaint Case u/ss.498A, 323, 504, 506 of the Penal Code, 1860 and s.4 of the Dowry Prohibition Act,…
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Suresh Kumar Agarwal v. M/s Haldia Steels Limited & Anr.
Whether the High Court erred in directing further investigation into the highly belated complaint filed by the complainant-Company after unexplained delay of six years by twisting and manipulating the facts to give a…
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Vinay Aggarwal v. The State of Haryana and Ors.
In the instant case, the Single Judge of the High Court directed that the investigation be handed over to CBI. Whether the order of the Single Judge of the High Court is sustainable.
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The Union of India Through the Assistant Director v. Kanhaiya Prasad
Issue arose as regards the correctness of the order passed by the High Court granting bail to the respondent without considering the rigours of s.45 of the Prevention of Money Laundering Act, 2002.
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Jay Kishan and Ors. v. The State of Uttar Pradesh and Ors.
Whether the High Court was justified in dismissing the writ petition filed by the appellants for quashing the FIR under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986.…
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Smt. N. Usha Rani and Anr. v. Moodudula Srinivas
Whether a woman is entitled to claim maintenance under Section 125 CrPC from her second husband while her first marriage is allegedly legally subsisting.
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M. Venkateswaran v. The State rep. by the Inspector of Police
Matter pertains to the modification of sentence imposed for offence u/s.498A IPC and s.4 of the DP Act and payment of compensation to the wife-de facto complainant.
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Kim Wansoo v. State of Uttar Pradesh & Ors.
Issue arose as regards invocation of extraordinary power u/Art. 226 of the Constitution to quash criminal proceedings.
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Sanjay Dutt & Ors. v. The State of Haryana & Anr.
According to the Range Forest Officer, the appellants (director and office bearers of the company) had illegally uprooted trees with JCB, destroyed them, and violated the section 4 of the Punjab Land Preservation Act,…
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Ramakant Ambalal Choksi v. Harish Ambalal Choksi & Others
Whether the High Court was justified in allowing the appeal filed by the defendants-respondents holding that no case for grant of interim injunction was made out and thus, vacating the order granting injunction in…
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HDFC Bank Ltd. v. The State of Bihar & Ors.
What is the nature of enquiry while determining quashing of a First Information Report u/s.482 Cr.P.C., against a Bank and its Officials.
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V.D. Raveesha v. The State of Karnataka
Whether the petitioner is guilty of committing offences u/ss.406, 420, 468, 465 and 471 IPC, and if so, whether the sentences imposed on him by the Trial Court and confirmed by the Appellate Court and High Court call…
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Somjeet Mallick v. State of Jharkhand & Others
Whether the High Court was justified in quashing the FIR, the cognizance order and the proceedings in pursuance thereof without considering the materials collected during investigation.
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Dhanraj Aswani v. Amar S. Mulchandani & Anr.
Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is maintainable at the instance of an accused while he is already in judicial custody in connection with his…
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Mulakala Malleshwara Rao & Anr. v. State of Telangana & Anr.
The complaint, which set in motion the Criminal Law, was at the instance of Respondent No.2-complainant, who filed the same against the former in-laws of his elder daughter, for not returning the ornaments (gold) which…
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Prem Prakash v. Union of India Through
When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recorded (in the present case, the statements dated 03.08.2023, 04.08.2023, 11.08.2023)…
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Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr.
High Court, if justified in declining to quash and set aside the summoning order passed by the Magistrate, against the appellants-company and its office bearers, for offence punishable u/ss. 406 and 420 IPC.
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Girish Gandhi v. The State of Uttar Pradesh & Ors.
Multiple cases were filed against the petitioner. Though he was granted bail in all of them, he was not able to furnish multiple sureties. Is the petitioner entitled to the relief of treating the personal bond and one…
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Manish Sisodia v. Directorate of Enforcement
Appellant was incarcerated for around 17 months, trial yet to commence. Bail denied. Whether the trial court and the High Court correctly considered the observations made by this Court with regard to right to speedy…
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Balasaheb Keshawrao Bhapkar & Ors. v. Securities and Exchange Board of India & Ors.
Whether the facts of the case necessitated constitution of a High Powered Sale Committee, under Article 142 of the Constitution, to auction the immovable assets of the companies to satisfy the investors’ claims and…
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Mohd. Abdul Samad v. The State of Telangana & Anr.
(i) Whether section 125 CrPC applies to all married women including Muslim married women; (ii) Whether section 125 CrPC applies to all non-Muslim divorced women; (iii) Whether section 125 of the CrPC applies to all such…
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Vikas Kanaujia v. Sarita
Whether the present appeal falls under the criteria of ‘irretrievable breakdown of marriage,’ warranting the Supreme Court to exercises its powers under Article 142 of the Constitution to do complete justice.
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Sardar Ravi Inder Singh & Anr. v. State of Jharkhand & Anr.
High Court whether erred in dismissing the writ petition filed by the appellants for quashing the complaint filed by the second respondent stating that the contentions raised were rejected in an earlier criminal…
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C. Subbiah @ Kadambur Jayaraj and Others v. The Superintendent of Police and Others
Matter pertains to the permissibility of suing the accused for a civil wrong, in relation to the benami transactions, as a corollary, allowing criminal prosecution of the accused in relation to the same cause of action.
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Achin Gupta v. State of Haryana & Anr.
The appellant herein was chargesheeted u/ss.323, 406, 498A and 506 of IPC. The appellant filed a quashing petition for the purpose of getting the criminal proceedings quashed. The High Court by its impugned order,…
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Sharif Ahmed and Another v. State of Uttar Pradesh and Another
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets…
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Parteek Bansal v. State of Rajasthan & Ors.
Whether the High Court erred in not quashing FIR under Section 482 of Code of Criminal Procedure, 1973 in a complaint alleging offences under Sections 498A, 406, 384, 420, and 120(B), Indian Penal Code, 1860, on the…
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Raj Reddy Kallem v. The State of Haryana & Anr.
Appellant was convicted u/s.138 of the Negotiable Instruments Act, 1881. Additionally, an FIR was also filed against the appellant u/ ss.406, 420, 120B, IPC. Parties agreed to compound the offence at the appellate stage…
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Naresh Kumar & Anr. v. State of Karnataka
Refusal by High Court to quash criminal proceedings against Appellants/Accused arising out of a civil transaction between Appellants and Respondent No.2, if justified.
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Sachin Garg v. State of U.P. and Anr.
In a case wherein the dispute was commercial in nature having no element of criminality, whether the Magistrate was justified in issuing summons for trial u/ss.406, 504 and 506, Penal Code, 1860 and the High Court in…
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State of Haryana v. Mohd. Yunus & Ors.
Whether the High Court was justified in convicting A1 only u/s. 323 while acquitting u/s. 302/34, and convicting and sentencing A2 u/s. 302 and 323 read with s. 34; and whether in trial u/s. 302 IPC, it is safe to…
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Gurdev Singh Bhalla v. State of Punjab & Ors
Whether the High Court was justified in dismissing the Revision filed by the appellant against the order of the Special Judge allowing the application u/s. 319 CrPC summoning the appellant along with three other…
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Pavana Dibbur v. The Directorate of
Whether the offence u/s.120B, IPC included in Paragraph 1 of the Schedule to the Prevention of Money Laundering Act, 2002, can be treated as a scheduled offence even if the criminal conspiracy alleged is to commit an…
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Abhishek Saxena v. The State of Uttar Pradesh
Whether the chargesheet submitted showed prima facie case u/ss. 323, 384 and 406, IPC for voluntarily causing hurt, for extortion and for criminal breach of trust; Whether the High Court has fallen in error in not…
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Priya Indoria v. State of Karnataka and Ors.
Whether the power of the High Court or the Court of Session to grant anticipatory bail u/s 438 CrPC could be exercised with respect to an FIR registered outside the territorial jurisdict ion of the said Court; and…
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Phulel Singh v. State of Harayana
Whether in the totality of the circumstances, it can be said that the dying declaration (Ex. P.L.) is free from doubt; whether evidence prove beyond reasonable doubt that the deceased was harassed on account of…
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Ameena Begum v. The State of Telangana
An order of detention dated 24.03.2023 was passed by the Commissioner of Police against appellant’ s husband. Whether the alleged acts of commission for which the Detenu has been kept under detention are prejudicial to…
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