Criminal breach of trust | X, while going on a journey, entrusts his diamond ring to Y. Y sells the diamond ring. What offence, if any has been committed by Y. [UPCJ.1990]

Criminal breach of trust | Question: X, while going on a journey, entrusts his diamond ring to Y. Y sells the diamond ring. What offence, if any has been committed by Y. [UPCJ.1990]

Find the answer to the mains question only on Legal Bites. Criminal breach of trust | [X, while going on a journey, entrusts his diamond ring to Y. Y sells the diamond ring. What offence, if any has been committed by Y. [UPCJ.1990]

Answer

Section 405 defines Criminal breach of trust as—

‘Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits ‘criminal breach of trust’.

The essential ingredients of criminal breach of trust are:

1. the accused must be entrusted with property or dominion over it, and
2. he must have dishonestly misappropriated the property or converted it to his own use or disposed of it in violation of such trust.

The principal ingredients of criminal breach of trust, thus, are ‘entrustment’ and ‘dishonest misappropriation’.

The term ‘entrusted’ is wide enough to include in its ambit all cases in which property is voluntarily handed over for a specific purpose and is dishonestly disposed of contrary to the terms on which possession has been handed over. Entrustment need not be express, it may be implied.

Therefore, in the present case, when X entrusted his diamond ring to Y and he sells the diamond ring, Y shall be held guilty for the offence of criminal breach of trust under section 405, IPC.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions