Ipc 406 with ipc 494 ?
Jayesh Kumar
(Querist) 10 October 2011
This query is : Resolved
Hi Experts,
In a case of 494 bigamy, can we slap in 406 also for criminal breach of trust by the husband? My seniors advice that for ipc 406, the trust of family marital cordialship does not fall under the ambit of property as defined in ipc for property? Some said it is applicable. There is some Supreme Court judgement clarification regarding this.
Can the experts give me the correct guidance.
Thanks and Regards,
kuldeep kumar
(Expert) 11 October 2011
ur seniors are right.follow them or follow lci ld experts
Shonee Kapoor
(Expert) 11 October 2011
Property is something which is of material value.
Trust is not of any material value.
406 not made out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Govind
(Expert) 11 October 2011
though 406 will not follow 494.
but when wife entrusts her stridhana peoperty with the dominion of that property to her husband or any other member and he misappropriates the same or converts it to his own use, he is guilty for criminal breach of trust
Rashmi Kumar Vs. Mahesh Kumar Bjada (1997)2 SCC 397: 1997 SCC (Cri) 415
