IPC a.k.a Indian Penal Code is the executive criminal court of India. The code was drafted under the guidance of the first law of commission of India rooted in 1834 under the charter act of India 1833 under the chairmanship of Thomas Babington Macaulay. IPC is the official criminal code of India. The code has been revised several times and is now strengthened by other criminal provisions. The main agenda of this code is to provide a general penal code for India.
Section 403 of IPC: Dishonest Misappropriation of Property
Whoever dishonestly misappropriates or converts to his use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 403 of IPC defines misappropriation of property under which when a person dishonestly misappropriated or get the property in use for their interest or purpose or to gain it for one’s use has committed the offense of criminal misappropriation. A person committing an offense under 403 shall be committed with the imprisonment of which should not be less than the term that may extend to two years or with the fine or maybe with both, provided that the property is moveable.
Essential Ingredients of Sec 403 of IPC
The listed essential ingredients must be fulfilled to make a person accountable for the offense of criminal misappropriation.
- The property must be of another person.
- Dishonest intension.
- Conversion of the property.
- Finder of the goods.
SEC- 405 Criminal Breach of Trust
Under Section 405 of the Indian Penal Code, 1860, when a person is entrusted with the property or that person has power or dominion over that property, dishonestly misappropriated or uses that property to satisfy his purpose or to capitalize it for one’s use, or disposes of that property is contrary to a law that prescribes how to discharge such trust or in violation of any contract, express or implied, or wilfully directed any person to do so, has committed the offense of Criminal Breach of Trust. Under Section 406 of the Indian Penal Code, any person who commits an offense of Criminal Breach of Trust shall be punished with imprisonment for not less than a term that may extend to 2 years or with a fine or maybe with both.
DIFFERENCE BETWEEN CRIMINAL MISAPPROPRIATION AND CRIMINAL TRUST.
Provision: Section 403 of the Indian Penal Code, 1860 states Misappropriation of the property whereas Section 405 of the Indian Penal Code, 1860 states Criminal Breach of Trust.
Possession: In Criminal Misappropriation, the property comes into the possession of the offender in some natural manner or by some casualty, but in Criminal Breach of Trust, the property comes into the possession of the offender due to the entrustment by the owner of the accused.
Relationship: In Criminal Misappropriation, there is no contractual relationship between the offender and owner of the property, but in Criminal Breach of Trust, there is a contractual relationship between the offender and owner regarding the property.
Nature of the property: In Criminal Misappropriation, the subject matter i.e., the property is always movable, but in Criminal Breach of Trust, the property may be movable or immovable.
Misappropriation: In Criminal Misappropriation, the property is dishonestly misappropriated by the offender for his use, but in Criminal Breach of Trust, the property or goods are misappropriated for his personal use.
Hence it is concluded that sections 403 and 405 of IPC are not the same. Section 405 includes Criminal Misappropriation, but the overturn is not always true. Also, there is a huge difference between Criminal Misappropriation and Theft.