In-laws not returning my and my wife's gold kept in their bank locker
Chetan
(Querist) 09 March 2014
This query is : Resolved
Dear All,
Season's Greetings to you!
Around 13 years back (after marriage), my wife gave all jewelry (Gold,Silver,...) to her mother to keep in her Bank Locker. But, now they (Especially her brother) is putting condition that to get jewelry back, my wife has to sign on a paper to state that she is not having any right/share in her parents property.
Please, suggest what to do.
Can I/she get that locker seized before they remove jewelry from locker by consulting the concerned bank, If yes, please suggest how to do that.
Thanking you in anticipation.
Regards
Sudhir Kumar, Advocate
(Expert) 09 March 2014
section 384 of IPC
ection 383. Extortion
Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
Section 384. Punishment for extortion
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
section 44 of IPC
Section 44. Injury
The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
so injury to property is also injury
Sudhir Kumar, Advocate
(Expert) 09 March 2014
Section 405. Criminal breach of trust
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 willfully suffers any other person so to do, commits “criminal breach of trust”.
1[Explanation 2[1]
A person, being an employer 3[of an establishment whether exempted under section 17 of the Employees' Provident funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
4[Explanation 2
A person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under the Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
Illustrations
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z gong on a Journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with Property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
Comments
Criminal Conspiracy
Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committed breach of trust; State of Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC).
Criminal breach of trust: Meaning and extent
It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person. A relationship is created between the transferor and transferee, whereunder the transferor remains the owner of the property and the transferee has legal custody of the property for the benefit of the transferor himself or transferee has only the custody of the property for the benefit of the transferor himself or someone else. At best, the transferee obtains in the property entrusted to him only special interest limited to claim for his charges in respect of its safe retention, and under no circumstances does he acquire a right to dispose of that property in contravention of the condition of the entrustment; Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575.
Entrustment
The word entrusted in the section is very important unless there is entrustment, there can be no offence under the section; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56.
————————
1. Ins. by Act 40 of 1973, sec. 9 (w.e.f. 1-11-1973).
2. Explanation renumbered as Explanation 1 by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975).
3. Ins. by Act 33 of 1988, sec. 27 (w.e.f. 1-8-1988).
4.Ins. by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975).
Section 406. Punishment for criminal breach of trust
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
you brother in law is paving way to be in Jail.
Your wife can given FIR against him and apply to the police to seal the locker where here property is lodged.
This is in the cateogry of stolen proper for which read section 410
Sudhir Kumar, Advocate
(Expert) 09 March 2014
Section 410. Stolen Property
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 1[***] criminal breach of trust has been committed, is designed as “stolen property”, 2[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 3[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Rajendra K Goyal
(Expert) 09 March 2014
Try to find out some amicable solution with the help of nears and dears, elders. Any legal step once taken would spoil the relations for the generations to come.
However, if no solution outcome, helpless in following the advise of expert Sudhir Kumar ji.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
I know such like brothers do not accept peaceful solution and will but time to swallow the jwellery from locker to other destination.
still you may try as advised by Mr Goyal.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
repeated
http://www.lawyersclubindia.com/experts/In-Laws-Not-Returning-Gold-Kept-in-their-Bank-Locker--458266.asp#.Uxx8Kc41hn4
Chetan
(Querist) 09 March 2014
I thank you all for your valuable suggestions and kind concern. May God Help Us to find a Way Doing Good For All.
Warm Regards
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
Query repeated, already replied sufficiently,please refer to previous thread.
