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Distinction / Difference Between Criminal Misappropriation and Criminal Breach of Trust

Criminal misappropriation and criminal breach of trust are distinct offenses under Indian law. Criminal misappropriation involves dishonestly misappropriating or converting movable property to one's own use. Criminal breach of trust involves misappropriating or converting property that one has been entrusted with through an express or implied contract or legal arrangement. The key differences are that criminal breach of trust requires an element of entrustment of property and can apply to both movable and immovable property, whereas criminal misappropriation only concerns dishonest conversion of movable property to one's own use without an element of prior entrustment.

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8K views2 pages

Distinction / Difference Between Criminal Misappropriation and Criminal Breach of Trust

Criminal misappropriation and criminal breach of trust are distinct offenses under Indian law. Criminal misappropriation involves dishonestly misappropriating or converting movable property to one's own use. Criminal breach of trust involves misappropriating or converting property that one has been entrusted with through an express or implied contract or legal arrangement. The key differences are that criminal breach of trust requires an element of entrustment of property and can apply to both movable and immovable property, whereas criminal misappropriation only concerns dishonest conversion of movable property to one's own use without an element of prior entrustment.

Uploaded by

Shangavi S
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Distinction / Difference between Criminal Misappropriation and Criminal

breach of Trust

No. Criminal Misappropriation Criminal breach of Trust

Definition : Definition :
1
                  Section 386 of the Penal Code defines                Section 388 of the Penal Code
Criminal misappropriation and prescribes the defines Criminal breach of trust -
punishment for the offence -
“Whoever, being in any manner entrusted
386. Whoever dishonestly misappropriates or converts with property, or with any dominion over
to his own use any movable
property, dishonestly misappropriates or
property shall be punished with imprisonment of either
converts to his own use that property, or
description for a term which may
dishonestly uses or disposes of that
extend to two years, or with fine, or with both
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”.

Ingredients : Ingredients:
2
To constitute the offence of misappropriation the  To constitute criminal breach of trust
following ingredients must be present – following ingredients must be present.

1) The accused misappropriated that property 1) The accused must be entrusted with
and converted the same to his own use property or with dominion over property;
dishonestly 2) The person who entrusted must – 
2) The movable property belonged to that
complainant.  i) dishonestly misappropriate or convert to
his use that property or

ii) dishonestly use or dispose of that


property or willfully suffer any other person
to do so 

a) in violation of any directions of law


prescribing the mode in which such
property is to be discharged \. 

b) any legal contract made touching


discharge of such trust. 

The property comes into the possession of the The property comes into possession of the
3 accused in some natural manner.   accused either by an express entrustment
or by some process. There is conversion of
property held by a person in fiduciary
capacity. 

4 It can be only movable property It can be of any movable as well as


immovable property.
5 There is no contractual relationship There is contractual relationship

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