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IPC 406

IPC Section 406 – Criminal Breach of Trust | Punishment, Bail, FIR & Free Legal Consultation
Section 406 · Indian Penal Code

IPC Section 406 – Criminal Breach of Trust

Section 406 of the Indian Penal Code prescribes the punishment for criminal breach of trust — dishonest misappropriation or conversion of property that was entrusted to a person, or dishonest use of that property in violation of a legal contract or direction. It is one of the most frequently invoked provisions in India — covering business partner disputes, employee/agent embezzlement, matrimonial stridhan disputes, cooperative society and chit fund fraud, and misuse of jointly-held family or business assets.

Punishment: Up to 3 years + fine
Cognizable: Yes
Bailable: No
Compoundable: With court's permission
BNS 2023 equivalent: Section 316(2)
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Quick Answer: What Does Section 406 Mean?

In simple terms, Section 406 applies when someone who has been given property, money, or dominion over an asset — as an employee, partner, agent, trustee, or family member — dishonestly keeps it, uses it for their own purpose, or disposes of it against the terms on which it was entrusted. Unlike cheating under Section 420, criminal breach of trust does not require deception at the outset — the property may have been handed over honestly, with the dishonest intent arising only later, at the time of misappropriation.

Requires a genuine entrustment of property or dominion over it
A mere failure to repay a loan or debt is not automatically criminal breach of trust
Punishable with up to 3 years' imprisonment, fine, or both
Non-bailable, but compoundable with the court's permission by the property owner

What is IPC Section 406?

IPC Section 406 lays down the punishment for the offence of "criminal breach of trust," which is defined in Section 405 of the IPC. It applies to any person who, being entrusted with property, or with dominion over property, dishonestly misappropriates or converts it to their own use, dishonestly uses or disposes of it in violation of any legal directive or express/implied contract, or wilfully allows another person to do so. It was one of the most frequently invoked provisions in matters ranging from business and partnership disputes, employee or agent embezzlement, misuse of jointly-managed funds and cooperative society assets, to matrimonial disputes involving a wife's stridhan (personal property) retained by in-laws or a husband.

Section 406 sits within Chapter XVII of the IPC ("Of Offences Against Property") and is distinct from Section 420 (cheating), since it does not require any deception at the time property changes hands — the entrustment may be entirely legitimate, with the dishonest intent forming only later, at the point the property is misused or withheld.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. The substance of Section 406 IPC now corresponds to Section 316(2) of the BNS, which consolidates criminal misappropriation and criminal breach of trust into a single, restructured section, while keeping the basic punishment unchanged. FIRs registered before 1 July 2024 continue to be tried under IPC 406; incidents after that date are registered under the corresponding BNS provision. If you are unsure which law applies to your case, it is best to get this confirmed by a lawyer before filing or responding to a complaint.

Punishment Under Section 406

ImprisonmentUp to 3 years (simple or rigorous), at the discretion of the court
FineNo fixed limit — decided by the court based on the facts and value of property involved; imprisonment, fine, or both may be imposed
Nature of OffenceCognizable — police can register an FIR and investigate/arrest without prior court order
Bailable / Non-BailableNon-bailable — bail is not a matter of right and must be applied for before the court
CompoundableCompoundable with the permission of the court, by the owner of the property in respect of which the breach was committed
Triable ByMagistrate of the First Class
Limitation Period3 years from the date of the offence under Section 468 CrPC, since the maximum punishment does not exceed 3 years (subject to the court's power to condone delay)

Where the breach is committed by a person acting as a clerk or servant (Section 408), or by a public servant, banker, merchant, agent, attorney, or trustee (Section 409), the punishment is significantly higher — imprisonment extending up to 10 years, along with fine, reflecting the higher degree of trust reposed in such persons.

Key Ingredients / Essential Elements

For a conviction under Section 406, the prosecution must prove each of the following elements beyond reasonable doubt:

1

Entrustment of property or dominion over it

The accused must have been given property, or control/dominion over property, by the complainant — this can arise from an employment relationship, partnership, agency, family arrangement, or any express or implied contract.

2

Dishonest misappropriation or conversion

The accused dishonestly misappropriated the property for their own use, or converted it in a manner inconsistent with the terms of the entrustment.

3

Dishonest use or disposal in violation of direction/contract

Alternatively, the accused dishonestly used or disposed of the property in violation of any legal directive prescribing how the trust is to be discharged, or of any express or implied contract governing it.

4

Dishonest intention at the time of misappropriation

Unlike cheating, the dishonest intent need not exist at the time property is entrusted — it is sufficient if it forms later, at the point the accused misappropriates or misuses the property.

5

Resulting wrongful loss or wrongful gain

The misappropriation or breach results in wrongful loss to the person who entrusted the property, or wrongful gain to the accused (or both).

What Should You Do — For Complainants and For the Accused

Section 406 cases commonly arise between people who had an existing relationship of trust — business partners, employers and employees, family members, or spouses — which makes them different from cases involving strangers. What you should do next depends entirely on which side you're on.

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If Property Entrusted to Someone Has Been Misappropriated

  1. Gather documentary proof of the entrustment — agreements, bank statements, handover records, WhatsApp/email communication, or witness accounts.
  2. Send a written notice or demand to the person, clearly recording what was entrusted and requesting its return or account, before escalating.
  3. File a written complaint at the local police station, or approach the jurisdictional Magistrate under Section 156(3)/200 CrPC (now BNSS) if police are reluctant to register the FIR.
  4. For matrimonial stridhan disputes, consider filing alongside Section 498A IPC (cruelty) where relevant, since the two are frequently connected in practice.
  5. Consider a parallel civil suit for recovery or accounts, since civil and criminal remedies for breach of trust can run together.
  6. Engage a criminal lawyer early to help distinguish a genuine breach of trust from what might otherwise be treated as a civil dispute.
📞 Talk to a Lawyer — Complainant Support
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If an FIR / Complaint Is Filed Against You

  1. Do not ignore a police notice or summons — non-appearance can lead to a non-bailable warrant.
  2. Do not make statements to the police without a lawyer present; anything you say can be used as evidence.
  3. Gather documents showing the property was used or accounted for in accordance with the terms of entrustment, or that any shortfall arose from a genuine business loss rather than dishonest intent.
  4. Apply for anticipatory bail under Section 438 CrPC (now Section 482 BNSS) before arrest if you anticipate one.
  5. Explore quashing of the FIR under Section 482 CrPC (now Section 528 BNSS) before the High Court if the dispute is essentially a civil accounting or contractual disagreement.
  6. Consider settlement and compounding with the complainant where appropriate — Section 406 disputes are frequently resolved once accounts are settled or the property/its value is returned.
📞 Talk to a Lawyer — Defence Support

Civil Dispute vs Criminal Breach of Trust — The Most Important Distinction

Indian courts have repeatedly cautioned against converting a purely civil or commercial dispute — such as a business loss, an unsettled account, or a failed joint venture — into a criminal case under Section 406 merely to pressure the other party. A shortfall in accounts, or an inability to return money invested in a legitimate but unsuccessful venture, does not by itself establish dishonest misappropriation; there must be clear evidence that the accused intentionally converted the property to their own use or disposed of it in violation of the terms of entrustment.

FIR Filing & Bail Process Under Section 406

STEP 1

Filing the Complaint / FIR

Since Section 406 is cognizable, the police are legally bound to register an FIR on a complaint disclosing a cognizable offence. If they refuse, the complainant can approach the Superintendent of Police in writing, or move the Magistrate under Section 156(3) CrPC/BNSS.

STEP 2

Investigation

The Investigating Officer records statements, examines financial and documentary records, and may arrest the accused, seeking police or judicial custody remand from the Magistrate as needed.

STEP 3

Bail Application

Being non-bailable, bail is not automatic. The accused may apply for anticipatory bail before arrest, or regular bail after arrest, before the Magistrate, Sessions Court, or High Court depending on the stage and gravity of allegations.

STEP 4

Chargesheet & Trial

On completion of investigation, a chargesheet is filed before the Magistrate. If the court finds sufficient material, charges are framed and the trial proceeds with evidence and cross-examination.

STEP 5

Compounding / Settlement (Optional)

With the court's permission, the owner of the property can compound (settle) the offence, often resulting in acquittal or discharge — common where the property or its value is returned or a compromise is reached.

Important / Landmark Cases on Section 406

The following judgments are frequently relied upon by both complainants and defence lawyers in Section 406 matters. This is general legal information for awareness — always have a lawyer verify how a precedent applies to your specific facts.

Supreme Court of India

R.K. Dalmia v. Delhi Administration, AIR 1962 SC 1821

The Supreme Court gave an expansive interpretation to the term "property" under Section 405, holding that it is not restricted to movable property alone and covers both movable and immovable property in appropriate cases.

Principle relied on: The scope of "entrustment" and "property" under criminal breach of trust is to be construed broadly, based on the nature of the dominion or control exercised by the accused.
Supreme Court of India

Jaikrishnadas Manohardas Desai v. State of Bombay, AIR 1960 SC 889

The Supreme Court held that to establish criminal breach of trust, it is not necessary to prove the precise mode of misappropriation; it is sufficient to show that the accused was entrusted with property and failed to account for it as required, in circumstances indicating dishonest intent.

Principle relied on: Dishonest misappropriation can be inferred from the accused's failure to account for entrusted property, even without direct proof of how it was converted.
Supreme Court of India

Surendra Prasad Verma v. State of Bihar, (1973) 2 SCC 467

The Supreme Court held that where the accused had exclusive access and control over property (such as keys to a safe) and could not satisfactorily explain a shortfall, an inference of criminal breach of trust could reasonably be drawn.

Principle relied on: Exclusive dominion over entrusted property, combined with an unexplained shortfall, can support a conviction under Section 406.
Supreme Court of India

S.W. Palanitkar & Ors. v. State of Bihar, (2002) 1 SCC 241

The Court reiterated that for offences under Sections 406 and 420, the essential ingredients must be independently and specifically established, and cautioned against criminal prosecution being used to pressure resolution of what is essentially a civil or contractual dispute.

Principle relied on: A civil liability arising from a failed transaction or unpaid debt does not, by itself, amount to criminal breach of trust or cheating.
Supreme Court of India

Rashmi Kumar v. Mahesh Kumar Bhada, (1997) 2 SCC 397

The Supreme Court held that stridhan (a wife's personal property, including gifts received at marriage) remains her exclusive property, and if entrusted to her husband or in-laws for safekeeping, its dishonest retention or refusal to return it can constitute criminal breach of trust under Section 406.

Principle relied on: A wife's stridhan retained by her husband or in-laws in a fiduciary capacity, if dishonestly withheld on demand, attracts liability under Section 406.

Frequently Asked Questions on Section 406

What exactly does IPC Section 406 punish?+
It punishes criminal breach of trust — dishonest misappropriation, conversion, or misuse of property that was entrusted to the accused, with imprisonment up to 3 years, fine, or both.
Is Section 406 a bailable or non-bailable offence?+
It is non-bailable. Bail is not granted automatically; the accused must apply for anticipatory bail before arrest or regular bail after arrest before the appropriate court.
Can Section 406 cases be settled out of court?+
Yes, but only with the permission of the court. Once permitted, the owner of the property and the accused can compound the offence, which typically leads to acquittal or discharge.
What is the difference between Section 406 and Section 420 IPC?+
Section 420 (cheating) requires deception at the very outset that induces the victim to part with property. Section 406 (criminal breach of trust) does not require any deception when the property is entrusted — the dishonest intent can arise later, at the point of misappropriation.
Can a failed business investment or unpaid loan be treated as criminal breach of trust?+
Not by itself. There must be clear evidence of dishonest misappropriation or use of the property against the terms of entrustment — a genuine business loss, market downturn, or bona fide inability to repay is ordinarily treated as a civil dispute, not a criminal offence.
How do I file an FIR under Section 406?+
Approach the local police station with a written complaint detailing the entrustment, the terms on which the property was handed over, and how it was misappropriated, along with supporting documents. Since it is a cognizable offence, police must register the FIR; if they refuse, you can approach the Magistrate under Section 156(3) CrPC/BNSS.
What if the police refuse to register my complaint?+
You can submit a written complaint to the Superintendent of Police, file an application before the jurisdictional Magistrate under Section 156(3) CrPC (now BNSS), or file a private criminal complaint under Section 200 CrPC/223 BNSS.
Can I get anticipatory bail in a 406 case?+
Yes, if you reasonably apprehend arrest, you can apply for anticipatory bail under Section 438 CrPC (now Section 482 BNSS) before the Sessions Court or High Court, before the FIR leads to your arrest.
Can a Section 406 FIR be quashed?+
Yes. If the allegations, even if fully believed, do not disclose the essential ingredients of criminal breach of trust — or the dispute is purely civil — the High Court can quash the FIR/proceedings using its inherent powers under Section 482 CrPC (now Section 528 BNSS).
Is there a time limit (limitation period) to file a case under Section 406?+
Yes. Since the maximum punishment is 3 years, the general limitation period under Section 468 CrPC is 3 years from the date of the offence, though courts have discretion to condone delay in appropriate cases.
Can Section 406 and Section 420 be charged together?+
Yes, they are commonly clubbed together where the facts show both an initial deception (420) and a subsequent misappropriation of entrusted property (406), though each requires its own distinct ingredients to be established.
What evidence is needed to prove criminal breach of trust under Section 406?+
Documents establishing the entrustment (agreements, handover records, bank statements), evidence of the terms on which the property was to be used, and evidence showing dishonest misappropriation or a failure to account for the property despite demand.
What should I do if I'm falsely accused under Section 406?+
Do not panic or evade summons. Consult a criminal lawyer immediately, gather documents showing the property was used or accounted for properly, and consider anticipatory bail and/or quashing proceedings if the case is purely a civil dispute dressed up as a criminal one.
Does a wife's stridhan retained by in-laws fall under Section 406?+
Yes. A wife's stridhan (personal property/gifts) entrusted to her husband or in-laws for safekeeping remains her exclusive property, and its dishonest retention on demand can constitute criminal breach of trust under Section 406.
Is a higher punishment prescribed for certain categories of entrustment?+
Yes. Where the breach is committed by a clerk or servant (Section 408), or by a public servant, banker, merchant, agent, attorney, or trustee (Section 409), the punishment extends up to 10 years, reflecting the higher degree of trust involved.
Can a company or its directors be prosecuted under Section 406?+
Yes, directors and officers who were personally responsible for and involved in the dishonest misappropriation of entrusted property can be prosecuted individually, in addition to any liability of the company itself.
What is the punishment if convicted under Section 406?+
The court can impose imprisonment of up to 3 years, a fine of an amount decided by the court, or both, depending on the facts and the value of property involved.
Can I file both a civil recovery suit and a criminal complaint under 406?+
Yes. Civil and criminal remedies are independent of each other. You can pursue a civil suit for recovery of the property or its value while simultaneously pursuing criminal action, though courts examine whether the criminal complaint is genuine or a pressure tactic.
Which court has jurisdiction to try a Section 406 case?+
Ordinarily, the Magistrate within whose jurisdiction the entrustment took place, the property was to be returned or accounted for, or a significant part of the transaction occurred.
Can NRIs file or defend a Section 406 complaint in India?+
Yes. NRIs can file complaints through a Power of Attorney holder or in person during visits to India, and can similarly engage local counsel to defend a complaint filed against them, including applying for bail through counsel where permitted.
How long does a Section 406 case usually take to resolve?+
This varies widely — anticipatory bail matters can be resolved in weeks, while a full trial can take anywhere from 1 to 5+ years depending on the court's pendency, complexity of accounts, and cooperation between parties.
What's the cost of hiring a lawyer for a Section 406 case?+
Costs vary based on case complexity, city, and whether it's limited to bail/quashing or a full trial. Many lawyers, including our panel, offer a free initial consultation to assess your case before quoting fees — call +91 94797 98899 to discuss.
Is Section 406 still valid after the Bharatiya Nyaya Sanhita (BNS) came into force?+
IPC Section 406 continues to apply to offences committed before 1 July 2024. Offences committed on or after that date are now registered and tried under Section 316(2) of the Bharatiya Nyaya Sanhita, 2023, which covers the same conduct.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified advocate familiar with the specific facts of your case. Laws and their interpretation may change, especially given the transition from IPC to BNS, before taking any action.
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© 2026 Aapka Legal Advice. This page provides general information about IPC Section 406 and is not a substitute for professional legal advice. Consult a qualified advocate for guidance specific to your situation.
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