Criminal Breach of Trust by Carrier Etc - Section 407
Criminal breach of trust by a carrier, wharfinger, or warehouse-keeper has been punished under this section. The section states that whoever, being entrusted with property as a carrier, wharfinger, or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. Criminal breach of trust by a carrier, wharfinger, and warehouse-keeper is treated to be much more serious and, therefore, more severe punishment for the same has been prescribed by this section. A carrier is a person who undertakes to transport the goods of another person from one place to another for hire. A wharfinger is a person who owns or keeps a wharf, which is a broad plain place, near some creek or haven, to lay goods and wares that are brought to or from the water. A warehouse-keeper is a person who keeps a warehouse, which is a house to deposit or keep wares in. Since the above-mentioned persons are remunerated for a particular period for a specific task, the law takes a serious note of criminal breach of trust by them. Criminal Breach of Trust: Criminal Breach of Trust has been defined under Section 405of the IPC. Criminal breach of trust when a person who has been levied with the responsibility of the property or is given dominion over the property and that person with the motive of dishonestly misappropriates the property to his benefit or converts the property to his own use. Or he discharges the property against the procedure described by the law. Or he the legal contract which can be expressed or implied in nature and made by him willingly to commit the criminal breach of trust. The punishment for this is provided under section 406 of the IPC. Consult the best lawyer online The term Dishonestly has been defined under section 24 of the IPC which states that the act was done by a wrongful intention with the intention to cause the wrongful gain or loss can be referred to as the ‘Dishonestly’ The wrongful gain and the wrongful loss have been described under section 23 of the IPC which states that if any gain or loss has been incurred by the unlawful means then the person gaining or losing shall be not entitled to that gain or the loss. As the gain or loss is illegal in nature. Ingredients of Section 407: Breach of trust by carrier, wharfingers, or ware housekeepers is punished under this section. If the person is being assigned with the property and commits the offence then it is punished under this section. Carrier is the mediator who transfers the goods from one person to another who hires. The persons hired under this section are for a specified period for a special task.
Nature of Offence:
Offences under this section are cognizable in nature which means without any warrant accused can be arrested. In these types of cases, the police constable has the power to arrest any person infringing the right without any warrant from the court.
These offences are non-bailable which means granting bail is not a matter of right, for getting bail the person needs to go to the court where it will be at the option of the court to grant bail or not.
These offences are compoundable offences, which means the victim is ready to compromise and drop the charges against the offender.
IPC 407 can be tried in the court of Magistrate of First Class by the trial court- Court of a session.
Punishment: The punishment for the person being entrusted with the property if he breaches then he is liable for the imprisonment of seven years and shall also be liable to fine.
How can you file a case under section 407 IPC?
If there is a violation of Section 496 the concerned victim should first report the same to the nearest police station and lodge an FIR regarding the same without any cost.
Or else for more convenience E- FIR can be filed since Section 496 is a cognizable offence.
Steps for filing E - FIR is as follows -
Visit the local or concerned police's official website for instance www.uttrakhandpolice.nic.in Once the website opens, click on the services option.
services option has a drop-down menu will appear and you have to click the nature of your case.
Once the category is selected, you have to provide the following information -
a. Complainant name
b. Mother or father name of complainant
c. Complainant Email ID
d. Date of incident
e. Place of incident
f. Time of incident
g. Complainant phone number
h. Any other relevant description of the case.
Lastly, after submission, you have to enter the captcha code on the form for confirmation.
Note - Before submission all the details should be rechecked and ensure that the email id is correct as the FIR for future reference will be sent to this mail ID.
After the FIR the police may conduct an investigation and if there is any substantive evidence the accused can be arrested by the police without any warrant since it is a cognizable offence. And to the contrary, if no evidence is produced the matter is not proceeded with.
If any substantial evidence is found a charge sheet is prepared by the police. After completion of the charge sheet the matter is pursued as a trial in the court with the prosecution establishing the ingredients of section 496 and if successfully done then the accused may be imposed with imprisonment up to 6 months or fine or both depending upon the discretion of the court.
How can you defend the case under section 407 IPC?
In the case of the accused, he cannot apply for bail as it is a non-bailable offence. With the help of a lawyer, he can defend the case.
Further, the accused through a lawyer have to defend the matter and prove that there was no intent or belief to spread any dangerous diseases by the acts alleged in the cases.
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Further, the lawyer will draft a petition for bail or for defending the accused in the trial or on behalf of the victim can file a petition for proving the ingredients of section 407 before the judge or provide assistance for filing FIR online.
This blog was drafted by Ms. Shrishti Rohra, B.A LLB, 4th year student, UPES SCHOOL OF LAW.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Criminal Breach of Trust by Carrier | 7 Years of imprisonment + FIne | Cognizable | Non-Bailable | Any Magistrate |
| Offence | Criminal Breach of Trust by Carrier |
|---|---|
| Punishment | 7 Years of imprisonment + FIne |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Any Magistrate |
