Criminal breach of trust, also known as dishonest misappropriation or conversion to own use is a crime under Section 405 in penal code, 1860 of India. In other words, if a property belongs to a person and is used by offender, or the property is converted by offender to make any use of his, and he did so dishonestly or for a wrongful gain which can cause loss to the other person, the crime is called criminal breach of trust.
Thus, any act, which is done in violation of any duties or a trustee or the terms of a trust, comes under breach of trust.
Punishment for criminal breach of trust
Anyone who has committed the crime of breach of trust is to be punished with imprisonment of a term which can be extended up to three years, or may be charged fine or both. If a public servant, banker, merchant or agent-whoever, committed to crime of breach of trust is to be punished with imprisonment for life or for a term that can be extended up to ten years and can also be liable to charge. Section 409 allows the court to announce imprisonment for life or up to ten years with fine.
Therefore, criminal breach of trust is a punishable offence. All those who commit the criminal breach of trust are liable to be punished with the imprisonment of up to ten years and shall also be charged a significant amount of fine.