Punishment for Criminal Breach of Trust by Clerk or Servant in India

Section 408 of the Indian Penal Code, 1860 – Criminal breach of trust by clerk or servant:

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“Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

Ingredients of offence:

The essential ingredients of the offence under

Sections 408 are as follows:

(1) Accused was a clerk or servant;

(2) In such capacity accused was entrusted with certain property or had domain over that property which was not his own;

(3) Accused committed criminal breach of trust in respect of such property.