IPC Section 408: Criminal breach of trust by clerk or servant
Indian Penal Code, 1860 · Chapter 17: Offences Against Property
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶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.
¶CLASSIFICATION OF OFFENCE
¶Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable-Triable by Magistrate of the first class-Compounded by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.
Study: explanations and related material
Now BNS 316(4) (changed). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p19
Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 378. Theft
- 379. Punishment for theft
- 380. Theft in dwelling house, etc
- 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
- 383. Extortion
- 384. Punishment for extortion
- 385. Putting person in fear of injury in order to commit extortion
- 386. Extortion by putting a person in fear of death or grievous hurt
- 387. Putting person in fear of death or of grievous hurt, in order to commit extortion
- 388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc
- 389. Putting person in fear of accusation of offence, in order to commit extortion
- 390. Robbery
- 391. Dacoity
- 392. Punishment for robbery
- 393. Attempt to commit robbery
- 394. Voluntarily causing hurt in committing robbery
- 395. Punishment for dacoity
- 396. Dacoity with murder
- 397. Robbery, or dacoity, with attempt to cause death or grievous hurt
- 398. Attempt to commit robbery or dacoity when armed with deadly weapon
- 399. Making preparation to commit dacoity
- 400. Punishment for belonging to gang of dacoits
- 401. Punishment for belonging to gang of thieves
- 402. Assembling for purpose of committing dacoity
- 403. Dishonest misappropriation of property
- 404. Dishonest misappropriation of property possessed by deceased person at the time of his death
- 405. Criminal breach of trust
- 406. Punishment for criminal breach of trust
- 407. Criminal breach of trust by carrier, etc
- 409. Criminal breach of trust by public servant, or by banker, merchant or agent
- 410. Stolen Property
- 411. Dishonestly receiving stolen property
- 412. Dishonestly receiving property stolen in the commission of a dacoity
- 413. Habitually dealing in stolen property
- 414. Assisting in concealment of stolen property
- 415. Cheating
- 416. Cheating by personation
- 417. Punishment for cheating
- 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect
- 419. Punishment for cheating by personation
- 420. Cheating and dishonestly inducing delivery of property
- 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- 422. Dishonestly or fraudulently preventing debt being available for creditors
- 423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- 424. Dishonest or fraudulent removal or concealment of property
- 425. Mischief
- 426. Punished for mischief
- 427. Mischief causing damage to the amount of fifty rupees
- 428. Mischief by killing or maiming animal of the value of ten rupees
- 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees
- 430. Mischief by injury to works of irrigation or by wrongfully diverting water
- 431. Mischief by injury to public road, bridge, river or channel
- 432. Mischief by causing inundation or obstruction to public drainage attended with damage
- 433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark
- 434. Mischief by destroying or moving, etc., a land- mark fixed by public authority
- 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
- 436. Mischief by fire or explosive substance with intent to destroy house, etc
- 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden
- 438. Punishment for the mischief described in section 437 committed by fire or explosive substance
- 439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
- 440. Mischief committed after preparation made for causing death or hurt
- 441. Criminal trespass
- 442. House trespass
- 443. Lurking house-trespass
- 444. Lurking house-trespass by night
- 445. Housing breaking
- 446. House-breaking by night
- 447. Punishment for criminal trespass
- 448. Punishment for house-trespass
- 449. House-trespass in order to commit offence punishable with death
- 450. House-trespass in order to commit offence punishable with imprisonment for life
- 451. House-trespass in order to commit offence punishable with imprisonment
- 452. House-trespass after preparation for hurt, assault or wrongful restraint
- 453. Punishment for lurking house-trespass or house-breaking
- 454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
- 455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint
- 456. Punishment for lurking house-trespass or house-breaking by night
- 457. Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment
- 458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint
- 459. Grievous hurt caused whilst committing lurking house trespass or house-breaking
- 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them
- 461. Dishonestly breaking open receptacle containing property
- 462. Punishment for same offence when committed by person entrusted with custody