Official documents, a govt property...?
Nirmal Singh
(Querist) 09 January 2014
This query is : Resolved
During the hearing of bail application u/s 438 Cr.pc in a case u/s 409 IPC, the court ask public prosecutor that whether misappropriation of Govt. official documentary record be considered as Govt property if yes then under which provision of law. so I request all the expert to give their precious suggestion. IN THIS CASE A CLERK MISAPPROPRIATED LARGE NUMBER OF OFFICIAL FILES AND DISPATCH REGISTER ETC INCLUDING ANNUAL CONFIDENTIAL REPORTS OF MANY EMPLOYEE. whether misappropriation of official record comes under the preview of 409 IPC.? can official record be treated as Govt property, and u/s CASE U/S 409 IPC IS MADE OUT ?
Rajeev Kumar
(Expert) 09 January 2014
Yes, it is govt. property for details search supremecourt citations on www.indiankanoon.org
Rajendra K Goyal
(Expert) 09 January 2014
Yes is the answer, for citation search Indiankanoon.com.
Nirmal Singh
(Querist) 09 January 2014
kindly give specific authority
Devajyoti Barman
(Expert) 09 January 2014
It is indeed govt. property.
Any movable or immovable valuables is property.
For citation you have to search.
Nirmal Singh
(Querist) 11 January 2014
The supreme court in a judgement on 5th April 1962(1962 AIR 1821 1963 SCR(1)253)R.K Dalmia vs Delhi Administration HELD THAT THE WORD PROPERTY IS USED IN THE CODE IN A MUCH WIDER SENSE THAN THE EXPRESSION 'MOVABLE PROPERTY'.There is no good reason to restrict the meaning of the word "property"only, when it is used without any qualification in Section 405. whether the offence defined in a particular section of IPC can be committed in respect of any particular kind of property. will depend not on the interpretation of the word"property" but on the fact whether that particular kind of property can be subject to the acts covered by that section...whether it means that official document is also a Govt.property ...please???
Devajyoti Barman
(Expert) 12 January 2014
Yes, this decision squarely applies in your case.
Nirmal Singh
(Querist) 12 January 2014
should I mention this authority in the charge sheet to prove that Official record of Govt. is Govt property..?
Nirmal Singh
(Querist) 12 January 2014
I am grateful to all of you .Thanks a lot...
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
It is a criminal breach of trust by a public servant, banker or merchant or agent. Thus an offence by any such person who has been entrusted or having dominion over the property in the capacity referred above, commits an offence referred is punishable by the said provision. Therefore, the provisions of he section refers the same as property, it will belong to government if referred to an offence public servant of the government concern defining it to be government property. Thus you may proceed accordingly and confidently.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
It is a clear case of criminal breach of trust by a public servant, or by banker, merchant or agent. The very meaning suggest that the official records are the property of the concern, government or others. Thus since it happens to be the government property, the offence committed is classified under the referred section. therefore you can proceed confidently.
Sudhir Kumar, Advocate
(Expert) 11 January 2014
