Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Torque9409 (Business)     29 November 2015

Can Husband file IPC 406

Can husband file IPC 406 against wife for recovery of his documents and jewels. Any case laws available?


Learning

 8 Replies

Nitish Banka (lawyer)     29 November 2015

Yes he can file provided there are cognent grounds.

the main ingredients of 406 are

1. entrustment of property

2. conversion of other property in own use by misappropriation.

Regards,

Nitish Banka

9891549997

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     30 November 2015

Agreed with mr banka

Torque9409 (Business)     30 November 2015

Can you please provide any judgements in this regard.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 November 2015

No husband cannot file a case u/s 406 on wife as the section relates to property law only.Even then if U file(whether maintenable or not) it gives a scope for the wife to file the following cases:

Counter cases

 IPC 177– Furnishing false information.

IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191– Giving false evidence
IPC 193– Punishment for false evidence
IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.
IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 211– False charge of offence made with intent to injure
IPC 361– Kidnapping from lawful guardianship.
IPC 362– Abduction.
IPC 363– Punishment for kidnapping.
IPC 378– Theft
IPC 379– Punishment for theft
IPC 380– Theft in dwelling house, etc
IPC 405– Criminal breach of trust
IPC 406– Punishment for criminal breach of trust
IPC 415– Cheating.
IPC 417– Punishment for cheating.
IPC 499– Defamation.
IPC 500– Punishment for defamation.
IPC 503– Criminal intimidation.
IPC 504– Intentional insult with intent to provoke breach of the peace.
IPC 506– Punishment for criminal intimidation.
CrPC. 167– Procedure when investigation cannot be completed in twenty-four hours
CrPC. 182– Offences committed by letters, etc
CrPC. 197– Prosecution of Judges and public servants
CrPC. 198– Prosecution for offences against marriage
CrPC. 198A– Prosecution of offences under section 498A of the Indian Penal Code
CrPC. 199– Prosecution for defamation
CrPC. 200– Examination of complainant
CrPC. 201– Procedure by Magistrate not competent to take cognizance of the case
CrPC. 203– Dismissal of complaint
CrPC. 248– Acquittal or conviction
CrPC. 249– Absence of complainant
CrPC. 250– Compensation for accusation without reasonable cause

I am not trying to scare U I am just making U understand the possibilities.

 

b.goheel   30 November 2015

if 406 is applied fr stridhan thn why not fr education certificate which is a notional property of certificate holder and in its absence it is next to impossible to get service. however if as per law betrayal related to certificate is not come under thn its ok.

don not aware whether this kind of crime it attract

 IPC 177– Furnishing false information.
IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191– Giving false evidence
IPC 193– Punishment for false evidence
IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.
IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 211– False charge of offence made with intent to injure
IPC 405– Criminal breach of trust
IPC 406– Punishment for criminal breach of trust
IPC 415– Cheating.
IPC 417– Punishment for cheating.
IPC 499– Defamation.
IPC 500– Punishment for defamation.
IPC 503– Criminal intimidation.
IPC 504– Intentional insult with intent to provoke breach of the peace.
IPC 506– Punishment for criminal intimidation.
CrPC. 167– Procedure when investigation cannot be completed in twenty-four hours
CrPC. 197– Prosecution of Judges and public servants
CrPC. 198– Prosecution for offences against marriage
CrPC. 199– Prosecution for defamation
CrPC. 200– Examination of complainant
CrPC. 203– Dismissal of complaint [her]
CrPC. 248– Acquittal or conviction
CrPC. 249– Absence of complainant
CrPC. 250– Compensation for accusation without reasonable cause

Torque9409 (Business)     30 November 2015

Can you please provide any judgements on usagae of 406 by husband on wife?

SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

Dear querist i have just given an illustration of the possibilities but not mandatory.There  are no judgements or citations u/s 406 filed by the husband on the wife.Do U have proofs that she is holding UR documents and jewels? First U have to concentrate on that aspect,when U file u/s 406,U should make sure that U R succesful.

Mr.Goheel, Practicalites are different from theory.One cannot blindly proceed legally which will attract further more complications.

Sidharth   26 December 2015

406 is not gender based law

 

It means  criminal breach of trust.

Section 406 in The Indian Penal Code406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register