sec 405 ipc

charudureja (Querist) 05 November 2009 This query is : Resolved
A wife has alleged that the items of dowry were kept by her husband n inlaws. she wants to implicate him for criminal breach of trust u/s 405 ipc. is it tenable. will he be liable u/s 405 or some other section.

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Raj Kumar Makkad (Expert) 05 November 2009
406 IPC

adv. rajeev ( rajoo ) (Expert) 06 November 2009
sec 405 of IPC is not pplicable. 406 is also not applicable becuse constitute this offence there must be dishonest misappropriation by a person in whom confidence is palced.

charudureja (Querist) 06 November 2009
yes there must entrustment for 405/406 thn under wht sec the liability is

Arvind Singh Chauhan (Expert) 07 November 2009
Yes Mr. Raj is right.

charudureja (Querist) 07 November 2009
Harmanpreet singh V st of pb (20009)7 scc 712
such an offence where alleged held on facts should be tried under the special legsilation rather than general provisions contained in penal code. if any article was given by way of dowry its entrustment on behalf of wife would not arise. so this is to be tried under specail act ie dowry prohibition n not ipc

yogesh (Expert) 08 November 2009
It may be tenable

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