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Section 409 IPC – Main Points and Insights
Defines criminal breach of trust involving a public servant entrusted with property or valuable security, and misappropriation or conversion for own use State By Pura Police Station Chintamani VS Ramanjanappa - Karnataka.
To establish guilt under Section 409 IPC, the prosecution must prove that the accused was a public servant, entrusted with property or valuable security, and that there was misappropriation or criminal breach of trust DISTRICT DEVELOPMENT OFFICER VS DAYABHAI GORABHAI KHANT - Gujarat.
The section does not imply that mere negligence by a head of office constitutes an offence; actual entrustment and misappropriation are essential elements DISTRICT DEVELOPMENT OFFICER VS DAYABHAI GORABHAI KHANT - Gujarat.
Convictions under Section 409 often involve related offences like corruption under the Prevention of Corruption Act, especially when the breach involves public funds or property Manmath Nath Barik VS State of Orissa - Crimes, MANMATH NATH BARIK VS STATE OF ORISSA - Orissa.
Auditor Accountability and Related Offences
Financial irregularities involving misappropriation under Section 409 can lead to criminal proceedings, as seen in cases of misappropriation of funds (e.g., Advocates Welfare Fund) and other assets ADV. KHALID N A Vs UNION OF INDIA, - Kerala.
Court rulings confirm that offences under Section 409 are serious and require thorough proof of entrustment and misappropriation, with convictions often upheld in appeal Manmath Nath Barik VS State of Orissa - Crimes, Shri Bhanudas Baban Pawar vs State of Maharashtra - Bombay.
Legal Analysis and Conclusion
Section 409 IPC is a stringent provision targeting breach of trust by public servants, with conviction contingent upon establishing proper entrustment and misappropriation.
Accountability extends to auditors and officials involved in financial irregularities, emphasizing the importance of proper management of entrusted property.
Courts consistently uphold convictions under Section 409 when the essential ingredients are proven, reinforcing the accountability of public servants and those handling public funds State By Pura Police Station Chintamani VS Ramanjanappa - Karnataka, DISTRICT DEVELOPMENT OFFICER VS DAYABHAI GORABHAI KHANT - Gujarat.

References: - State By Pura Police Station Chintamani VS Ramanjanappa - Karnataka - DISTRICT DEVELOPMENT OFFICER VS DAYABHAI GORABHAI KHANT - Gujarat - Manmath Nath Barik VS State of Orissa - Crimes - MANMATH NATH BARIK VS STATE OF ORISSA - Orissa - Shri Bhanudas Baban Pawar vs State of Maharashtra - Bombay - ADV. KHALID N A Vs UNION OF INDIA, - Kerala

Search Results for "Auditor Accountability as Per Section 409 of Ipc"

• India - Crimes

V.GOPALASWAMI

Prevention of Corruption Act-Section 5(1)(c) read with section 5(2)-Indian Penal Code, 1860 - Section 409-Conviction for the offences ... 5(1)(c) read with section 5(2) of the Prevention of Corruption Act and section 409, I.P.C, and accordingly, allow the appeal. ... Act) and under section 409, #HL_....

State By Pura Police Station Chintamani VS Ramanjanappa

2011 0 Supreme(Kar) 942 • India - Karnataka

N.ANANDA, V.SURI APPA RAO

Section 409 IPC - Criminal Breach of Trust - [ENTRUSTMENT, MISAPPROPRIATION, PUBLIC SERVANT] - The court discussed the essential ... ingredients of an offence punishable under Section 409 IPC, including entrustment of stock and authorization to transact business ... 409 IPC. ... It is needless to state that in order to bring home the guilt of accused f....

DISTRICT DEVELOPMENT OFFICER VS DAYABHAI GORABHAI KHANT

2016 0 Supreme(Guj) 2076 • India - Gujarat

ANANT S.DAVE, B.N.KARIA

Indian Penal Code, 1860---Section 409---The Section cannot be construed as implying that any head of an office, who is negligent ... In order to sustain conviction under Section 409 IPC, two ingredients are to be proved, namely, (i) the accused, a public servant ... That, ingredients under Section 409 of IPC were nev....

1988 0 Supreme(Ori) 111 • India - Orissa

V.GOPALASWAMY

PREVENTION OF CORRUPTION ACT - SECTION 5(1)(C) READ WITH SECTION 5(2) - SECTION 409, I.P.C. - MISAPPROPRIATION OF KENDU LEAVES ... 5(2) of the Prevention of Corruption Act and 409, I.P.C. and accordingly allowed the appeal. ... conviction and sentence passed by the Special Judge, Vigilance, Sambalpur, against the accused-Appellant u/s 5(1)(c) read with Section....

Shri Bhanudas Baban Pawar vs State of Maharashtra

• India - Bombay High Court - Appellate Side,Bombay

MRS. MRIDULA BHATKAR, J

... ... Result: "The impugned judgments of conviction under section 408 IPC stand confirmed." ... The applicant was convicted under section 408 IPC, sentenced to R.I. for three months and a fine of Rs. 5000, confirmed by the Sessions ... The applicant/accused was tried for the offence simplicitor under section 409 of the Indian Penal Code . ... The applicant/accused w....

SHRI. AVINASH KATWARE vs THE STATE OF KARNATAKA BY

2025 Supreme(Online)(Kar) 17911 • India - Karnataka High Court

1-67) ... ... (B) SARFAESI Act - Abuse of Process - The court held that allegations of privilege under Section ... of the IPC may be quashed based on claims of lawful conduct under SARFAESI Act. ... 120-B, 403, 408, 409, 447, 381, 420 read with Section 37 of IPC. ... 120-B, 403, 408, 409, 447, 381, 420 read with Section 37 of IPC. ... 120B , 403, 408....

• India - High Court of Madhya Pradesh

No.9060/2016, by which cognizance of offence under Sections 420, 409, 467, 120-B of IPC has been taken. ... Criminal Offence - Quashment of Order - Summary Fact of the Case: The application under Section 482 of Cr.P.C. was ... Finding of the Court: The Court rejected the application under Section 482 of Cr.P.C. and dismissed the case, stating ... Section 81(5B) demands accou....

MR. BRIJMOHAN. K.S. vs STATE OF KARNATAKA

2025 Supreme(Online)(Kar) 25922 • India - Karnataka High Court

MRS M G UMA, J

Section 34 of the Indian Penal Code (for short 'the Section 34 of IPC against accused Nos.1 to 5.

SUNIL DAHIYA VS STATE (GOVT OF NCT OF DELHI)

2016 0 Supreme(Del) 3809 • India - Delhi

VIPIN SANGHI

Bail - Criminal Procedure - Section 439 - 108/2014, 109/2014, 110/2014 - Summary Fact of the Case: The applicant, ... Sunil Dahiya, filed three applications for regular bail under Section 439 of the Code of Criminal Procedure (CrPC) pertaining to ... , 468 and 471 read with Section 34 IPC. ... The FIRs are all under Section 409/420/120B of IPC attracting maximum senten....

2021 Supreme(Online)(KER) 48793 • India - High Court of Kerala

SUNIL THOMAS, J

Welfare Fund - Advocates Welfare Fund Act - Sections 15, 22, 23, 9, 10(4) - The court addressed financial irregularities in the ... In the course of investigation, offences under section 109, 120B, 477A, 409 and 420 of IPC were added and report was filed before ... Though the prosecution alleged that, as per the report of the auditor an amount of Rupees seven and half Crores has been swi....

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