Section 409: Criminal breach of trust by public servant, or by banker, merchant or agent
In Simple Words
Breach of Trust by Officials. A government officer, banker, or merchant misusing funds or assets trusted to them by the public.
Punishment & Penalties
Life imprisonment, or prison up to 10 years, and fine.. Non-bailable, Cognizable.
Real-Life Case Example
“Consider a situation where this rule is put to test. An individual acts in a way that aligns with the elements of Section 409, leading to a case where they are booked under this specific offense.”
Frequently Asked Questions (FAQs)
What is Section 409 of IPC?
Criminal breach of trust by public servant, or by banker, merchant or agent. In simple terms: Breach of Trust by Officials. A government officer, banker, or merchant misusing funds or assets trusted to them by the public.
Is Section 409 of IPC a bailable offense?
Section 409 is classified as a Non-bailable offense. This means bail cannot be claimed as a right; the accused must apply to a magistrate or court.
What is the punishment for Section 409 of IPC?
Life imprisonment, or prison up to 10 years, and fine.. Non-bailable, Cognizable.
Can Section 409 of IPC be quashed by the High Court?
Section 409 is Non-compoundable (cannot be settled out of court). However, the High Court has inherent powers under Section 482 of CrPC / Section 528 of BNSS to quash FIRs in certain categories of disputes if the parties reach a compromise.
Facing a case under Section 409?
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