ipc
lingaraj
(Querist) 26 March 2010
This query is : Resolved
sir
what is the differnce between ipc 408 & ipc 409
Guest
(Expert) 26 March 2010
408. Criminal breach of trust by clerk or servant
Whoever, being clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
409. Criminal breach of trust by public servant, or by banker, merchant or agent
Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 152[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
So after careful reading of both the sections...
section 408 IPC ..... The accused must be clerk or servant.
section 409 IPC..... The accused must be a public sevant ...or banker,merchant or agent.
who is clerk?
(section 408 IPC)---In modern usage this word means a writer in an office, PUBLIC OR PRIVATE, either for keeping accounts or entering minutes... same usage in section 381 IPC.
who is servant?
(section 408 IPC)----- The servant is a person bound either by a contractof service or by condust implying such a contract to obey the orders and submitto the control of his masterin the transaction of the buisness which it is his duty as such servant to transact.
Where as in the section 409 IPC..... word Public Servant used......
that is the main difference.
Thanks
Sanjeev Panda
(Expert) 27 March 2010
Both Section 408 and Section 409 IPC provides punishment for Criminal breach of trust which is defined u/s 405 IPC. While Section 408 IPC deals with CBT by servant, employee, Section 409 IPC deals with CBT by agent, broker etc.
B K Raghavendra Rao
(Expert) 27 March 2010
Section 408 deals with criminal breach of trust in the case of private persons i.e employees of private sector.
Section 409 deals with criminal breach of trust in the case of public sector (government sector)employees.
