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KIRAN_DASS (Retired)     21 July 2011

Section 406 IPC

My in-laws have pledged my personal jewellery with the Loan Finance Company.

I want to know what is the procedure to proceed against them u/s 406 IPC?



 2 Replies

THANKACHAN V P (Advocate & Notary)     21 July 2011

 

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".

 

 

1989 (1) KLT 636

K.T. Thomas, J.

MANIYAMMA v. ABDUL RASAAK

Crl. A. No.399 of 1987

Decided on 28th February, 1989



Penal Code 1860, S.406 - Husband if liable for breach of trust if he fails to return the cash or gold ornaments belonging to his wife - Entrustment if attracts ingredients of partnership or co-ownership.


A husband is liable to be visited with penal consequences for breach of trust, if he fails to return the cash or gold ornaments belonging to his wife. Mere entrustment of property of the wife to the husband does not attract any of the essential ingredients of the partnership or constitutes any co-ownership. This principle applies with equal force to all husbands and wives whether they are Hindus or Muslims or Christians. (Para 5)

The above mentioned ruling is applicable to in-laws also. If there was dishonest misappropriation on their part  you can file complaint before the police or directly to the Magistrate court.

jatin sharma (LAWYER)     21 July 2011

hi . kiran dass your Q is not clear as per law, if ur gold ornament  is in the custody of u and they take  them without ur consent then it wiil be case of theft . or if ur ornament in the custody of in-laws then above suggstion of  Mr thankachan v,p is right 


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