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IPC Sections 406 and 420: Can They Be Charged Simultaneously?
In criminal law under the Indian Penal Code (IPC), Sections 406 (criminal breach of trust) and 420 (cheating) often arise in disputes involving money, property, or contracts. A common question arises: are 406 420 simultaneously not maintainable? In many cases, courts have held that these two offences cannot coexist under the same set of facts due to their fundamentally different natures. This blog post breaks down the legal principles, key judgments, and practical implications based on established precedents.
Understanding the Offences
Section 406 IPC: Criminal Breach of Trust
This section punishes whoever, being in a position of trust (e.g., entrusted with property), dishonestly misappropriates or converts it for their own use. Key elements include:
- Lawful entrustment of property.
- Subsequent dishonest act after entrustment.
For instance, if goods are delivered under a contract and later misappropriated, it may trigger Section 406. Bhogadi Naga Deepika, D/O. Late Siva Ramakrishna vs State Of Andhra Pradesh, Rep. by its Public Prosecutor,through SHO Nagayalanka PSHigh Court of Andhra Pradesh at Amaravathi - 2026 Supreme(Online)(AP) 22
Section 420 IPC: Cheating
This aggravated form of cheating (under Section 415 IPC) requires:
- Deception from the outset to induce delivery of property.
- Dishonest inducement leading to wrongful loss.
Here, the fraud must exist before the transaction, not after lawful possession. Bhogadi Naga Deepika, D/O. Late Siva Ramakrishna vs State Of Andhra Pradesh, Rep. by its Public Prosecutor,through SHO Nagayalanka PSHigh Court of Andhra Pradesh at Amaravathi - 2026 Supreme(Online)(AP) 22
Why Simultaneous Charges Are Typically Not Maintainable
Courts have repeatedly emphasized that Sections 406 and 420 are antithetical and cannot operate in the same factual matrix. If there's initial deception, it's cheating (420); if entrustment followed by breach, it's breach of trust (406). Both cannot apply simultaneously.
Supreme Court View: Thus, while Section 406 of the I.P.C., arises from a breach of an existing fiduciary relationship, Section 420 of the I.P.C., is predicated upon fraudulent inducement at the very outset. The two offences, therefore, operate in distinct spheres... both offences cannot co-exist simultaneously. Bhogadi Naga Deepika, D/O. Late Siva Ramakrishna vs State Of Andhra Pradesh, Rep. by its Public Prosecutor,through SHO Nagayalanka PSHigh Court of Andhra Pradesh at Amaravathi - 2026 Supreme(Online)(AP) 22
High Court Precedents:
- In a Kerala High Court case, proceedings under Sections 406 and 420 were quashed as the two offences cannot coexist simultaneously in the same set of facts. They are antithetical to each other. SODARAN vs STATE OF KERALA - 2018 Supreme(Online)(Ker) 80393 SODARAN vs STATE OF KERALA - 2018 Supreme(Online)(Ker) 80394
- Rajasthan High Court: offences under Sections 420 and 406 I.P.C... cannot co-exist simultaneously. ATUL KUMAR vs STATE OF RAJASTHAN THROUGH P P
This principle prevents double jeopardy-like scenarios and ensures charges align with facts. Mere breach of contract doesn't automatically become criminal; intent to deceive must be proven from the start for 420. Jai Prakash Narayan Sinha S/o Late Shyam Narayan Sinha vs State of Jharkhand - 2025 Supreme(Jhk) 1662
Case Laws Illustrating the Principle
Landmark Rulings on Non-Maintainability
Sagar Suri’s case: Proceedings under IPC 406/420 held not maintainable when NI Act Section 138 complaint was pending, reinforcing no parallel criminal actions for same facts. Ashok Puri VS State of Punjab
Lalit Chaturvedi v. State of U.P.: The two offences cannot coexist simultaneously in the same set of facts. Quashing recommended for civil disputes masquerading as criminal. YD SALES ENTERPRISES LLP REPRESENTED THROUGH ITS PARTNER NAMELY YASHWARDHAN CHOUDHARY vs THE STATE OF JHARKHAND - 2025 Supreme(Online)(Jhk) 3810
Quashing Under CrPC Section 482
High Courts invoke inherent powers to quash FIRs/chargesheets if allegations don't disclose specific offences:
- No prima facie case: If dispute is civil (e.g., non-payment, breach of agreement), criminal prosecution is abuse of process. SMT. NEELAMMA W/O. LATE BASANNA SAMAGAR vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 14490 SHIVAKUMAR N. vs STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 14907
- Police Duty: Officers must distinguish; mechanical FIRs for 406/420 in commercial disputes are quashable. SHIVAKUMAR N. vs STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 14907
In one instance: There can be civil remedy for the non-payment of the consideration amount, but no criminal case will be maintainable for it. SMT. NEELAMMA W/O. LATE BASANNA SAMAGAR vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 14490
Exceptions and Nuances
While generally not maintainable together, courts examine facts closely:
- Distinct Transactions: If cheating induces entrustment, and later breach occurs, separate charges may sustain—but rare. Bhogadi Naga Deepika, D/O. Late Siva Ramakrishna vs State Of Andhra Pradesh, Rep. by its Public Prosecutor,through SHO Nagayalanka PSHigh Court of Andhra Pradesh at Amaravathi - 2026 Supreme(Online)(AP) 22
- Civil vs. Criminal Overlap: Purely civil disputes (e.g., sale agreements) can't sustain 406/420. Complainant must prove dishonest intent beyond breach. Jai Prakash Narayan Sinha S/o Late Shyam Narayan Sinha vs State of Jharkhand - 2025 Supreme(Jhk) 1662
- Pending Civil Suits: Criminal complaints inconsistent with civil pleadings may be quashed. B. Suresh Yadav VS Sharifa Bee - 2007 7 Supreme 297
Table: Key Distinctions
| Aspect | Section 406 (Breach of Trust) | Section 420 (Cheating) |
|---------------------|-------------------------------|----------------------------|
| Timing of Dishonesty | After entrustment | Before/during inducement |
| Core Element | Fiduciary duty breach | Deception to deliver property |
| Coexistence | Antithetical; cannot both | Antithetical; cannot both |
Practical Implications for Litigants
- Complainants: File under correct section; avoid shotgun approaches. Civil remedies (suits for recovery) often better for contractual breaches.
- Accused: Seek quashing via CrPC 482 if chargesheet/FIR mixes 406/420 without basis.
- Courts' Role: Tribunals decide all issues together, avoiding preliminary objections that delay justice. Ajanta glass works, district mahamaya Nagar and Another VS State of U. P. and Others - 2010 Supreme(All) 728
In arbitration/contract disputes, awards ignoring contract terms may be set aside, but criminal overlay requires caution. Oil & Natural Gas Corporation LTD. VS SAW Pipes LTD. - 2003 3 Supreme 449
Key Takeaways
- 406 and 420 rarely coexist—facts determine which (if any) applies.
- Quashing Common: For civil disputes or inconsistent charges.
- Prevention: Police/prosecutors must scrutinize before FIR.
- Relief Available: Bail, quashing via High Court under CrPC 482.
Conclusion
406 420 simultaneously not maintainable is a settled principle rooted in the distinct essences of these offences. Courts protect against misuse, prioritizing fair trials. Always consult a lawyer for case-specific advice, as outcomes depend on facts.
Disclaimer: This post provides general information based on precedents like Bhogadi Naga Deepika, D/O. Late Siva Ramakrishna vs State Of Andhra Pradesh, Rep. by its Public Prosecutor,through SHO Nagayalanka PSHigh Court of Andhra Pradesh at Amaravathi - 2026 Supreme(Online)(AP) 22, SODARAN vs STATE OF KERALA - 2018 Supreme(Online)(Ker) 80393, and others. It is not legal advice. Legal situations vary; seek professional counsel for your matter. Laws may evolve post-publication.
Search Results for "IPC 406 & 420: Not Maintainable Simultaneously?"
2003 3 Supreme 449 • India - Supreme Court
M.B.SHAH, ARUN KUMAR
from time to time. ... ... Further, at the time when respondent sought extension of time for ... the amount of bills cannot be held to be disputed claim is, on the face of it, unjust, unreasonable, unsustainable and patently ... the ground on which appeal against the order of the Court would be maintainable. ... A....
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
section, it does not follow that it thereby ceases to be an instrumentality or agency of the State. ... HELD TO BE “STATE” - IT IS NOT THAT ONLY WHERE ARTICLE 14 APPLIES THE RULES OF NATURAL JUSTICE COME INTO PLAY - GOVERNMENT COMPANY ... For the purpose of Article 12 one must necessarily see through the corporate veil to ascertain whether behind that veil is the face ... and maintainable. ... #....
1988 0 Supreme(SC) 337 • India - Supreme Court
B.C.RAY, G.L.OZA, M.N.VENKATACHALIAH, RANGANATH MISRA, S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
-(Yes, Majority view)-Procedure-It can do so in exercise of its inherent powers-Writ petition not maintainable. ... We proclaim and pronounce that no man is above the law, but at the same time reiterate and declare that no man can be denied his ... We proclaim and pronounce that no man is above the law, but at the same time reiterate and declare that no man can be denied his ... ....
2010 0 Supreme(SC) 609 • India - Supreme Court
G.S.SINGHVI, ASOK KUMAR GANGULY
Article 226 or 227, Honble High Court will follow the time honoured principles discussed above - Those principles have been formulated ... and annoyance to the plaintiff and the other occupants - Held, Court hopes and trusts that in exercising its power either under ... /plaintiff filed a suit for eviction on the grounds of breach of terms of tenancy, damage to the property as well as causing nuisance ... that the defendant would wi....
1978 0 Supreme(SC) 414 • India - Supreme Court
P.N.BHAGWATI, V.D.TULZAPURKAR
his position the Government cannot be allowed to go back upon it unless Government can hold out it would be inequitable to enforce ... on the party making the promise. ... When one party by words or deeds hold out promise clearly and unequivocally which is intended to create legal relationship, knowing ... Justice Holmes, that continuity with the past is a historical necessity but it must also be remembered at the same#HL_....
2015 0 Supreme(Ker) 165 • India - Kerala
DAMA SESHADRI NAIDU
At the same time, it is not in dispute that even on private properties, if any structures are put up, they require the necessary ... impossible, to sustain the plea of the petitioner that either the petitioner or any other commuter of the locality has any indefeasible ... - Challenged - Held, Once the road is found not #HL_STA....
2016 Supreme(Online)(KER) 483 • India - High Court of Kerala
K.HARILAL, J
and attachment of property are not maintainable simultaneously, emphasizing the requirement for a comprehensive petition that encapsulates ... the same time. ... Issues: Whether separate execution petitions for arrest and property attachment under the same decree are maintainable at ... same, at a time, are not main....
2003 0 Supreme(Cal) 580 • India - Calcutta
ALTAMAS KABIR, ALOK KUMAR BASU
Chatterjee brothers preferred appeals challenging the order of dismissal as well as the order holding the same to be not maintainable ... The learned company judge dismissed the petition holding it to be not maintainable. ... appealed against and at the same time leaves all the questions ope....
2010 0 Supreme(HP) 1069 • India - Himachal Pradesh
DEEPAK GUPTA
the Indian Succession Act Ratio Decidendi: The petitioner's challenge was not maintainable due to his prior actions, and the ... Finding of the Court: The court found that the petitioner's challenge was not maintainable as he had previously applied ... The petitioner had previously filed for the same certificate before the C....
• India - Consumer
P.N.KASHALKAR, S.P.LALE
play in such matters and proceeding filed at a later point of time will have to be held not maintainable, if for the same relief ... But if a person has already approached Civil Court by filing civil suit he cannot at the same time invoke jurisdiction of Consumer ... favour of the complainants are totally bad in law and cannot be allowed to sustain#HL_....
2018 Supreme(Online)(KER) 37065 • India - Kerala
The grounds stated in the Crl.M.C. are not sufficient to invoke the jurisdiction of this court under Section 482 Cr.P.C. This Crl.M.C is not maintainable. ... They are alleged to have committed the offences under Sections 120B, IPC simultaneously and there was no proper investigation. ... The proceedings are sought to be quashed on the ground that the allegations are improbable and that a person cannot be proceeded against for the offences under Sections 406 and 420 p st....
2018 Supreme(Online)(Ker) 80393 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
They are alleged to have committed the offences under Sections 120B, 403, 406 and 420 IPC. ... The grounds stated in the Crl.M.C. are not sufficient to invoke the jurisdiction of this court under Section 482 Cr.P.C. This Crl.M.C is not maintainable. It is accordingly dismissed. ... The proceedings are sought to be quashed on the ground that the allegations are improbable and that a person cannot be proceeded against for the offences under Sections 406 and 420 IPC #HL_....
2018 Supreme(Online)(Ker) 80394 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
The grounds stated in the Crl.M.C. are not sufficient to invoke the jurisdiction of this court under Section 482 Cr.P.C. This Crl.M.C is not maintainable. It is accordingly dismissed. ... They are alleged to have committed the offences under Sections 120B, 403, 406, 417, 419, 420, 465, 468 and 471 IPC. ... The proceedings are sought to be quashed on the ground that the allegations are improbable and that a person cannot be proceeded against for the offences under Sections 406 and #HL_S....
• India - High Court of Rajasthan - High Court Bench at Jaipur
for offences under under Sections 420 and 406 I.P.C. ... Indian Penal Code is not even maintainable. ... and 406 I.P.C. and offences for which two different trials can continues simultaneously
2026 Supreme(Online)(AP) 22 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Once there is a sale, Section 406 IPC goes out of picture. According to the complainant, the invoices raised by him were not cleared. No case worth the name of cheating is also made out. 49. ... Thus, while Section 406 of ‘the I.P.C.,’ arises from a breach of an existing fiduciary relationship, Section 420 of ‘the I.P.C.,’is predicated upon fraudulent inducement at the very outset. The two offences, therefore, operate in distinct spheres. ... In such a situation, both offences cannot co-exist simultaneously#H....
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