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Understanding 406 and 420 IPC Charges: Ingredients, Quashing, and Key Rulings
Disclaimer: This blog post provides general information on legal topics based on judicial precedents and is not a substitute for professional legal advice. Laws and interpretations vary by case. Consult a qualified lawyer for your specific situation.
Sections 406 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC) are commonly invoked in commercial disputes, loan defaults, and partnership fallouts. A 406 and 420 IPC charge often arises when one party alleges dishonest intent in business transactions. However, courts frequently quash such proceedings if they stem from civil disputes rather than genuine criminal acts. This post breaks down the essentials, drawing from Supreme Court and High Court rulings.
What is Section 406 IPC? Criminal Breach of Trust Explained
Section 406 IPC punishes criminal breach of trust, which requires specific ingredients:
- Entrustment: The accused must be entrusted with property or dominion over it. Mere possession or ownership doesn't suffice. In NEPC Micon Ltd. v. Indian Oil Corporation (2006), the Supreme Court clarified: The very first requirement of section 405 underpinning 406, that is the person accused of criminal breach of trust must have been 'entrusted with the property' or 'entrusted with any dominion over property' is absent in hypothecation cases where possession remains with the debtor [
Search Results for "406 and 420 IPC Charges: Ingredients & Quashing Guide"
2012 7 Supreme 1 • India - Supreme Court
R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA, ANIL R.DAVE
to offences u/ss 120B and 420, IPC. ... offence - Two different things - By quashing a proceeding Court does not convert a non-compoundable offence into a compoundable ... (a) Code of Criminal Procedure, 1973 - Section 320 - Compoundable offences - Abatement ... the application under Section 482 of the Code for quashing the criminal proceedings under Sections 406 and 420 of the IPC pending ... De....
1993 0 Supreme(SC) 1014 • India - Supreme Court
KULDIP SINGH, P.B.SAWANT
decree was obtained by playing fraud on the court-the courts of law are meant for imparting Justice between the parties - a person ... Suppressing the dommeni disentitling the plaintiff (predecessor-in interest of the Respondents) to claim property in the suit - ... withholds a vital document in order to gain advantage on the otherside than he would be guilty of playing fraud on the court as well ... It is a deception in order to gain by#HL....
2014 8 Supreme 225 • India - Supreme Court
RANJAN GOGOI, ROHINTON FALI NARIMAN
34 – Division bench of High Court interfering with findings of fact by arbitrator as if first court of ... to arbitral award – Merits of decision by the award not a ground – Merits of award to be looked into only if in conflict with the ... the DDA’s objections have been dismissed by the learned Single Judge of the High Court. ... The work shall be executed as per programme approved by the Engineer-in-Cha....
2017 7 Supreme 549 • India - Supreme Court
DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
be quashed if possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice ... victim – Compounding and quashing – An offence can be compounded u/s 482 on basis of such settlement – Criminal proceeding or FIR ... (a) Code of Criminal Procedure, 1973 – Section 482 – Settlement between offender and ... The charge-sheet involved offences under Sections 406, 420, 467, 468, and ....
2006 6 Supreme 66 • India - Supreme Court
H.K.SEMA, R.V.RAVEENDRAN
The very first requirement of section 405, that is the person accused of criminal breach of trust must have been "entrusted with ... of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission ... The creditor has an equitable charge over the property and is ....
2026 Supreme(Online)(Mad) 25851 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
**First Paragraph:** Under Sections 406 and 420 IPC, charge sheet alleged accused deposited stolen cheques. ... **Second Paragraph:** Issues framed around whether petitioners' act of carrying cheques constitutes criminal breach of trust or cheating ... Court found no entrustment or dishonest inducement, rendering charges inapp....
• India - Delhi High Court
PURUSHAINDRA KUMAR KAURAV
- The Revisional Court found charges under Sections 406 and 420 IPC cannot coexist, quashing the charge under Section 406 while ... (A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 406, 420, 468, 471, 34 - Quashing of charges ... proceeding with Section 420#HL_....
2021 0 Supreme(Mad) 2157 • India - Madras
RMT.TEEKAA RAMAN
pay same - Thus, accused had received amount and thereby committed offences punishable under Section 406, 420 IPC - Hence, charge ... - Offence of Cheating – Criminal Breach of trust - Accused started a dairy and witnesses were sold milk to accused from onwards ... inordinate delay of five years in preferring complaint - Whether order of co....
2023 0 Supreme(Del) 3774 • India - Delhi
VIKAS MAHAJAN
The charge sheet was filed under Sections 406/409/420/120B IPC, but the charges were framed only under Sections 420/120B IPC. ... under Sections 409/406/420/120B IPC. ... Bail - Regular Bail - Sections 409/406/420/120B IPC - [Section 409/406/420/120B #HL_S....
2000 0 Supreme(MP) 1304 • India - Madhya Pradesh
S.S.SARAF
Criminal P.C., 1973 - Ss. 239 and 397/401 - offences under Ss. 379, 406, 427 and 420 IPC - magistrate framing charge only under S ... . 420, IPC - it will be presumed that accused has been discharged for other offences - revision is maintainable against such orders ... On 7.5.1999, the learned Magistrate considered the framing of charge and found that offence under Sect....
2022 0 Supreme(Mad) 250 • India - Madras
D. BHARATHA CHAKRAVARTHY
At the outset, both sides learned counsel brought to the notice of this Court that no charge was framed under Section 406 of I.P.C by the Trial Court and therefore, conviction for the offence under Section 406 of Indian Penal Code was not sustainable. ... Therefore, unless a specific charge is framed under Section 406 of I.P.C, the Trial Court and the first Appellate Court erred in convicting the accused. Therefore, I have no hesitation in setting as....
2025 0 Supreme(Gau) 1125 • India - THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ARUN DEV CHOUDHURY
under Section 406/420 IPC is not barred by any of the statutory prescription. ... Act and Section 406/420 IPC on the same set of allegations were filed, and it was held that on the same set of allegations, two different offences i.e. under N.I. Act and under the IPC cannot be proceeded with, and proceeding under Section 406/420 IPC is liable to be quashed. ... , reported in 2000 2 SCC 636, a subsequent complaint f....
2021 0 Supreme(Jhk) 593 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
406 of IPC was not fulfilled and therefore, charge under Section 406 of IPC failed. ... section 406 IPC was not made out. ... Case No. 61/01 dated 11.04.2001 was registered under Sections 406, 419, 420, 467, 468/34 of the Indian Penal Code. After investigation, charge sheet was submitted under the aforesaid Sections on 31.07.2001 and cognizance was also taken under the same Sections on 25.08.2001.....
2022 7 Supreme 166 • India - Supreme Court
S. ABDUL NAZEER, J. K. MAHESHWARI
On filing the quash petition, this Court held that on the same set of allegations two different offences i.e., under NI Act and IPC cannot be proceeded with and the proceedings under Sections 420 and 406 of IPC is liable to be quashed. ... No. 6750 of 2017, whereby the High Court allowed the criminal petition filed by the respondents no.1 to 4 under Section 482 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) and quashed proceedings under Sections 120B, 406, 420 and 34 of the #....
2024 0 Supreme(All) 2405 • India - Allahabad
SAURABH SHYAM SHAMSHERY
After investigation, a charge-sheet was filed, on which cognizance was taken and the applicants were summoned by the order dated 27.03.2018 to face trial for an offence under Sections 420, 406, 504, 506 IPC. ... Arvind Pande and others, under Sections 420, 406, 504, 506 IPC, Police Station Deoband, District Saharanpur.3. ... This Court, in a number of judgments, has pointed out the clear distinction between a civil wrong in the form of breach of contract, non-payment ....
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