Criminl Breach of Trust?

Dear Assumi,

As per me the ' act ' of  " Utilised the weapon for illegal purpose " not amounts to " Criminal vbreach of Trust ".

The attractable offences shall be depends upon the ' illegal purposes(action)' :

** what is that act or action of illegal purpose;

** what happend on such illegal use of the weapon by that officer;

But, as per me not it simply  ' Criminal vbreach of Trust '

Dear Assumi,

As per me the ' act ' of  " Utilised the weapon for illegal purpose " not amounts to " Criminal vbreach of Trust ".

The attractable offences shall be depends upon the ' illegal purposes(action)' :

** what is that act or action of illegal purpose;

** what happend on such illegal use of the weapon by that officer;

But, as per me not it simply  ' Criminal breach of Trust '

Dear Ahmedji, Consider this, Police Officer give his service revolver to a goonda to exort money or send the vehicle under his custody to carry Charras.

such offence will attract many sections such as Sec 302, 383, 385, 405, 417 of IPC etc....

I do agree with Mr. B.B.R. Guad.He is absolutely right.

"A police Officer entrusted with a weapon utilised the weapon for illegal purpose. Does the act amounts to Criminal vbreach of Trust?"

--- First of all, he will be guilty u/s 166 of IPC for being a public servant he has disobeyed the law.

As far as criminal breach of trust is concerned, the wording of s. 405 does not imply 'use of weapon'. But of course it will depend upon the facts and circumstances of case whether it is criminal breach of trust.

That will surely breach of concerned 'Service Rules' but may not necessarily be Criminal Breach of Trust.

THIS IS MY INTERPRETATION OF S. 405.

"A police Officer entrusted with a weapon utilised the weapon for illegal purpose. Does the act amounts to Criminal vbreach of Trust?"

--- First of all, he will be guilty u/s 166 of IPC for being a public servant he has disobeyed the law.

As far as criminal breach of trust is concerned, the wording of s. 405 does not imply 'use of weapon'. But of course it will depend upon the facts and circumstances of case whether it is criminal breach of trust.

That will surely breach of concerned 'Service Rules' but may not necessarily be Criminal Breach of Trust.

THIS IS MY INTERPRETATION OF S. 405.