Who can be charged under IPC 409?

Asked by: Dr. Ericka Turcotte MD | Last update: January 31, 2026

Score: 4.6/5 (75 votes)

Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, ...

Who can be charged under section 409?

Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

Who is an agent under section 409 IPC?

Section 409 of the IPC deals with a more severe form of criminal breach of trust. It applies specifically to public servants, bankers, merchants, factors, brokers, attorneys, and agents who have been entrusted with property in their official capacity or business.

What evidence is needed for a 409 IPC conviction?

ESSENTIAL ELEMENTS OF IPC 409

The accused must hold a position of trust like a public servant, merchant, agent, banker, and attorney. The accused must have been entrusted with property or control over it. The person must have committed a breach of trust like dishonestly converting the property to their use.

What are the ingredients necessary to prove charges under 409?

To constitute an offence punishable under Section 409 IPC, apart from entrustment, it is also essential requirement that it should be shown that the accused has acted in the capacity of a public servant, banker, merchant, factor, broker, attorney or agent.

Can charges under Section 409 and Section 420 IPC go together

34 related questions found

What evidence is needed for a charge?

Police need probable cause to charge someone, meaning enough facts for a reasonable person to believe a crime occurred and the suspect committed it, using evidence like witness statements, officer observations, physical evidence (DNA, weapons), digital records (texts, video), or suspect admissions, though the standard for charging is lower than proving guilt at trial.

Can IPC 409 charges be dropped?

Luckily, there are several legal defenses in California law that you can raise if accused of a crime under Penal Code 409. These include showing that: the assembly was not “unlawful,” you were falsely accused, and/or.

What proof is needed to convict?

To secure a criminal conviction, the prosecutor must prove beyond a reasonable doubt that the accused is guilty of criminal charges. In a criminal case, direct evidence is a powerful way for a defendant to be proven guilty beyond a reasonable doubt.

What are some famous 409 IPC cases?

Important case laws on Section 409 of IPC

Introduction.
Sardar Singh v. State of Haryana (1976) Facts. ...
L. Chandraiah v. State of AP (2003) ...
N. Bhargavan Pillai v. ...
Sushil Kumar Singhal v. Regional Manager, Punjab National Bank (2010) ...
Sunil Dahiya v. State (NCT of Delhi) (2016) ...
Lalita Saini v. State (2019) ...
N. Raghavender v.

What is the section for false evidence?

Section 193:- Punishment for false evidence

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.

What is the difference between 409 and 420 IPC?

Section 409 IPC pertains to criminal breach of trust by a public servant or banker, involving entrustment of property and dishonest misappropriation or conversion. Section 420 IPC addresses cheating by dishonest inducement of delivery of property or making false promises, with the intent to deceive.

What is 406 and 409 of IPC?

What is Indian Penal Code 405, 406 & 409? Section 406 of IPC provides Punishment for Criminal Breach of Trust, Section 407 provides for criminal breach of trust by carrier, wharfinger or warehouse-keeper and Section 409 punishes criminal breach of trust by public servant, or by banker, merchant or agent.

What is Section 409 CRPC?

Description. A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

Is 409 IPC bailable?

Since IPC 409 is a non-bailable offence, applying for anticipatory bail is necessary. You can file for anticipatory bail in either the Sessions Court or the High Court. The term non-bailable means that bail is granted solely at the court's discretion.

What are the elements of a criminal breach of trust?

THERE ARE FOUR ELEMENTS OF CRIMINAL BREACH OF TRUST:

ENTRUSTMENT OR DOMINION.
DISHONEST INTENTION.
MISAPPROPRIATION OR CONVERSION OR DISPOSAL.
VIOLATION OF LAW (IF ANY)

What is penal code 409?

409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

Can a public servant be charged under 409?

To establish guilt under Section 409, three essential elements must be demonstrated: Relationship of trust: The accused must be a public servant, banker, merchant, factor, broker, attorney or agent. This legal relationship gives the accused the position of control or dominion over the property.

Which is the most powerful IPC section?

Here are the important sections of IPC:

Mob Lynching: ...
False Promise to Marry: ...
Attempt to Suicide: ...
Gender Neutrality: ...
Fake News: ...
Sedition: ...
Inclusivity in Unnatural Sexual Offences: ...
Defamation:

Can section 406 and 420 be charged together?

SCC OnLine SC 2248, wherein it has been held by Hon'ble Supreme Court that offence under Section 420 and 406 I.P.C. cannot run simultaneously.

Can screenshots of messages be used as evidence?

Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine.

What are the three burdens of proof?

The three main burdens (or standards) of proof in law, from lowest to highest, are Preponderance of the Evidence, required for most civil cases (more likely than not); Clear and Convincing Evidence, used in certain civil matters needing higher certainty; and Beyond a Reasonable Doubt, the strict standard for criminal convictions, meaning near-certainty of guilt.

What are the 4 types of evidence?

The four main types of evidence, especially in legal and academic contexts, are Testimonial (spoken/written statements), Documentary (written records), Physical/Real (tangible items), and Demonstrative (visual aids like charts/diagrams). Other categorizations exist, like evidence for arguments (anecdotal, descriptive, correlational, causal) or textual evidence (quoting, paraphrasing).

What is the punishment for dishonest misappropriation of property?

Description. Whoever dishonestly misappropriates or converts to his own 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.

How to sue a cop for false imprisonment?

To file a claim for false arrest in California, you must show that the arresting officer arrested you without probable cause or legal reasoning. An officer needs reasonable grounds to suspect a crime took place before proceeding with an arrest.

Who has the discretion to drop charges?

The process of dropping charges can only be done by the prosecutor. While the victim can request that the prosecutor drop the charges against the defendant, only the prosecutor can file to drop them.