The concept of trust envisages that one person (the settlor), while relying on another (the trustee) and reposing special confidence in him, entrusts property or assets to him. 

There is a fiduciary relationship between the two in law. In this context, Section 405 PPC defines criminal breach of trust.

 The necessary ingredients of criminal breach of trust under the above provision are

(i) the accused must be entrusted with property or dominion over it, and

(ii) he must have dishonestly misappropriated the property or converted it to his own use, or disposed of it in violation of the trust.

The general punishment is provided under Section 406 PPC, whereas aggravated forms of the offence are addressed under Sections 407 to 409 PPC. 

The first condition under Section 405 PPC involves three key elements, entrustment, dominion, and property. “Entrustment” refers to the transfer of possession for a specific purpose without conferring ownership. “Dominion” implies control or authority over the property. The term “property” is used broadly and should not be confined to movable assets alone. However, the presence of “entrustment” and “dominion” must be assessed in the context of the relationship between the parties and the nature of the property allegedly misappropriated. Notably, a breach of trust can only occur if the property belongs to someone other than the accused. 

The ingredients necessary to constitute an offence under Section 408 PPC are not reflected in the contents of the crime report. 

A master-servant relationship between the complainant and the petitioner, and the question of whether any entrustment of property actually took place, are factual issues that can only be determined after recording of evidence during the trial.

Crl. Misc-Pre-arrest Bail

1832-B-25

DANISH RIAZ DAR VS STATE ETC

                                              Legal information 

                                      Reflection By iqraeman