Who can be charged under section 409?

Asked by: Prof. Felix Roberts  |  Last update: May 22, 2026
Score: 4.8/5 (63 votes)

Section 409 of the Indian Penal Code (IPC) applies to individuals entrusted with property in specific capacities (public servants, bankers, merchants, agents, etc.) who commit criminal breach of trust, while California Penal Code 409 targets anyone remaining at an unlawful assembly after being warned to disperse. The key difference is the Indian law focuses on breaches of trust by professionals handling property, while the California law addresses public order offenses.

Who can be charged under IPC 409?

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, ...

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.

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.

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.

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22 related questions found

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.

Is 409 bailable or non bailable?

Is IPC Section 409 bailable? No. It is a non bailable offence of a very serious nature. What is Indian Penal Code 405, 406 & 409?

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 penalty for Section 409?

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

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.

How much evidence is needed for a charge?

The Threshold Test

These are: There must be reasonable grounds to suspect that the person charged committed the offence. It must be possible to obtain further evidence to provide a realistic prospect of conviction. The seriousness or circumstances of the case warrant an immediate charging decision.

What is the role of police under section 409?

California Penal Code 409 states: 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.

What is the punishment for criminal breach of trust?

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

What is Section 409 of the BNSS?

Section 409 of BNSS : Section 409: Power of High Court to confirm sentence or annul conviction. Section 409: Power of High Court to confirm sentence or annul conviction.

What are some examples of section 409 offenses?

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.

What are the Offences against property?

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such ...

What are the Offences against the human body?

It defines the various offences against body such as- Culpable homicide, Murder, Hurt, Grievous hurt, Wrongful restraint, Wrongful Confinement, Kidnapping, Abduction and the offence of Rape.

Which is the most powerful IPC section?

Here are the important sections of IPC:

  1. Mob Lynching: ...
  2. False Promise to Marry: ...
  3. Attempt to Suicide: ...
  4. Gender Neutrality: ...
  5. Fake News: ...
  6. Sedition: ...
  7. Inclusivity in Unnatural Sexual Offences: ...
  8. 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.

What is the CRPC 409?

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.

Can criminal breach of trust and cheating be charged together?

The Court emphasised that in Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, the Supreme Court concluded that both offences cannot co-exist when one allegation is of breach of trust and the other of cheating.

What is the punishment for 409 IPC?

Under §409, the maximum punishment is imprisonment for life, or for ten years, and a fine.

What offences are not bailable?

Common Examples of Non-Bailable Offences

The following are serious crimes classified as non-bailable under Indian law: Murder (Section 302 IPC/Section 103 BNS) - Unlawfully causing death with intention. Attempt to Murder (Section 307 IPC/Section 109 BNS) - Taking steps toward killing someone.