08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
immediately without attempting to discover the owner. A is guilty of an offence
under this section.
Dishonestly
misappropriation of
property possessed
by deceased person
at the time of his
death
404. Whoever dishonestly misappropriates or converts to his own use property,
knowing that such property was in the possession of a deceased person at the
time of that person's decease and has not since been in the possession of any
person legally entitled to such possession, shall be punished with imprisonment of
either description for a term which may extend to three years and shall also be
liable to fine; and if the offender at the time of such person's decease was
employed by him as a clerk or servant, the imprisonment may extend to seven
years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money
comes into possession of any person entitled to such possession dishonestly
misappropriates it. A has committed the offence defined in this section.
Of Criminal Breach of Trust
Criminal breach of
405. Whoever, being in any manner entrusted with property, or with any
dominion over property, dishonestly misappropriates or converts to his own use
that property, or dishonestly uses or disposes of that property in violation of any
direction of law prescribing the mode in which such trust is to be discharged, or
of any legal contract, express or implied, which he has made touching the
discharge of such trust, or wilfully suffers any other person so to do, commits
"criminal breach of trust".
Illustrations
(a) A, being executor to the will of a deceased person, dishonestly disobeys the
law which directs him to divide the effects according to the will, and appropriates
them to his own use. A has committed criminal breach of trust.
(b) A is a warehousekeeper. Z, going on a journey, entrusts his furniture to A,
under a contract that it shall be returned on payment of a stipulated sum for
warehouseroom. A dishonestly sells the goods. A has committed criminal breach
of trust.
trust
(c) A, residing in Dhaka, is agent for Z, residing at 144[ Chittagong]. There is an
express or implied contract between A and Z, that all sums remitted by Z to A
shall be invested by A, according to Z's direction. Z remits a lakh of taka to A,
with directions to A to invest the same in Company's paper. A dishonestly
disobeys the directions and employs the money in his own business. A has
committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing
that it will be more for Z's advantage to hold shares in the Bank of Bengal,
disobeys Z's directions, and buys shares in the Bank of Bengal, for Z, instead of
buying Company's paper, here, though Z should suffer loss, and should be
entitled to bring a civil action against A, on account of that loss, yet A, not
having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenueofficer, is entrusted with public money and is either directed by
law, or bound by a contract, express or implied, with the Government, to pay
into a certain treasury all the public money which he holds. A dishonestly
appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by
water. A dishonestly misappropriates the property. A has committed criminal
breach of trust.
Punishment for
criminal breach of
trust
406. 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.
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