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Section 408 of IPC - Ingredient of Offence
The main ingredient of an offence under Section 408 IPC is the dishonest misappropriation or conversion of property entrusted to the accused. The prosecution must establish that the accused was entrusted with property or funds and that they dishonestly misappropriated or converted it to their own use. Entrustment and dishonest intention are essential components. State of Maharashtra VS Bhuvanendra Mallapa Akiwate - Bombay, STATE OF ORISSA VS SURENDRANATH PATNAIK - Orissa, Nahoom Minz VS State Of Bihar And President, East Indian Section Of S. D. A. Mission - Jharkhand, Bhabani Shankar Choudhury VS State of Orissa - Orissa -
Entrustment
A key element is entrustment of property or funds to the accused, which can be established through evidence showing the accused had control or dominion over the property at the time of misappropriation. If entrustment is not proved, the offence cannot be sustained. For instance, in one case, absence of entrustment led the appellate court to set aside the conviction. Nahoom Minz VS State Of Bihar And President, East Indian Section Of S. D. A. Mission - Jharkhand, Bhabani Shankar Choudhury VS State of Orissa - Orissa -
Dishonest Intention
The offence also requires proof of dishonest intention to permanently deprive the owner of the property. Mere possession or control is insufficient unless coupled with dishonest intent. Courts have emphasized that proving dishonesty is crucial for conviction under Section 408. State of Maharashtra VS Bhuvanendra Mallapa Akiwate - Bombay, Sachchidanand Mishra Son Of Late Rama Prasad Mishra VS State Of Jharkhand - Jharkhand -
Control and Dominion over Property
The accused must have had control over the misappropriated property, indicating dominion or ownership. If the accused lacked control or was not in a position of trust, conviction under Section 408 is unlikely. Bhabani Shankar Choudhury VS State of Orissa - Orissa -
Legal Proceedings and Evidence
Courts evaluate the entire evidence to determine whether the elements of entrustment and dishonest intention are established beyond doubt. In some cases, convictions were set aside due to lack of proof of these ingredients. Nahoom Minz VS State Of Bihar And President, East Indian Section Of S. D. A. Mission - Jharkhand, Kandipalli Madhavarao VS State of Andhra Pradesh - Crimes, NAHOOM MINZ VS STATE OF BIHAR - Jharkhand
Analysis and Conclusion
The offence under Section 408 IPC fundamentally hinges on two main ingredients: entrustment of property and dishonest intention to misappropriate or convert that property. Without proof of entrustment or dishonesty, a conviction cannot be sustained. Courts scrutinize the evidence to establish these elements, and failure to do so often results in acquittal or setting aside of convictions. Therefore, establishing both entrustment and dishonest intention is essential for an offence under Section 408 IPC.
Search Results for "What is Ingredient of Offence of 408 of Ipc"
1996 0 Supreme(Bom) 624 • India - Bombay
VISHNU SAHAI, R.G.VAIDYANATHA
Section 58-See Indian penal Code, 1860-Section 408. ... , I.P.C. ... ... Section 408-Criminal Procedure Code, 1973-Sections 378, 313 an, ... However, the learned Magistrate curiously enough took a view that the prosecution had failed to establish any dishonest intention on the a part of the respondent for converting the amount to his use, which was an essential ingredient for an offence under section 408 I.P.C. ... On the basis of the complaint, a c....
2020 0 Supreme(Jhk) 215 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
courts below who have found the petitioner is guilty of offence under Section 408 of IPC by appreciating the materials on record ... use by the appellant (petitioner herein) and while passing the impugned judgment instead of acquitting the petitioner for alleged offence ... Indian Penal Code,1860 - Section 408 – Criminal Procedure Code,1973 - Section 313 – Appeal Against conviction ... Accordingly, the contention of the petitioner that the basic ingredient for commiss....
1974 0 Supreme(Ori) 120 • India - Orissa
S.ACHARYA
CRIMINAL APPEAL - MISAPPROPRIATION OF FUNDS - SECTION 408, INDIAN PENAL CODE - ELEMENTS OF OFFENCE - PROOF - CONVICTION UPHELD ... Issues: Whether the prosecution had established the elements of the offence under Section 408, Indian Penal Code. ... The High Court found that the prosecution had established all the elements of the offence under Section 408, including entrustment ... That being so, the third ingredient necessary to es....
1955 0 Supreme(AP) 213 • India - Andhra Pradesh
SUBBA RAO, SATYANARAYANA RAJU
PREVENTION OF CORRUPTION ACT - SECTION 5(1)(C) - INDIAN PENAL CODE - SECTION 408 - PUBLIC SERVANT - OFFENCE - PROSECUTION - OPTION ... under Section 477-A, IPC, the Joint Magistrate could not take cognizance of the offence as the previous sanction of the prescribed ... the essential facts disclosed in the complaint clearly made out an offence under Section 5(1)(c) of the Act. 2. ... set a necessary ingredient. ... The character of the person, who committed the #HL_STA....
2007 0 Supreme(Jhk) 412 • India - Jharkhand
DABBIRU GANESHRAO PATNAIK
The appellate court on considering the entire evidences on record, on its own, had set aside the conviction recorded by the trial court for the offence under Section 408 IPC, holding that there being no case of entrustment of any properly with the petitioner, the essential ingredient of Section 408 IPC ... was apparently lacking and, therefore, the conviction for the offence under Section 408 IPC is not sustainable. ... none of the ....
2007 0 Supreme(Jhk) 409 • India - Jharkhand
D.G.R.PATNAIK
while setting aside the convictions for the offences under Sections 408 and 420 IPC. ... Forgery - Criminal Breach of Trust - IPC 418 - Summary: The court upheld the conviction for the offence under Section 418 IPC, ... Finding of the Court: The trial court convicted the petitioner for offences under Sections 418, 408, and 420 IPC. ... property with the petitioner, the essential ingredient of Section 40....
1955 0 Supreme(AP) 209 • India - Andhra Pradesh
K.SUBBA RAO, P.SATYANARAYANA RAJU
Whether the ingredients of Section 405 I. P. C. , Sections 408 and 409 I. P. ... C. - Comparative study of ingredients of Section 405 I. P. C. , Sections 408 and 409 I. P. ... C. except in regard to offences mentioned in Chapter IX of that Code. 2. The ingredients of Section 405 I. P. ... There, the choice before the prosecution was between Section 5 (2) of the Act and Section 409 I. ....
2022 0 Supreme(Ori) 245 • India - Orissa
SASHIKANTA MISHRA
under section 408 of IPC. ... under section 408 of IPC. ... that the accused had control over the misappropriated money and therefore had dominion over it, satisfying the requirements of the offence ... Sri Mund has made a two-fold argument: Firstly, being an elected president of the society the petitioner is neither a clerk nor a servant and therefore, Section 408 of IPC is not attracted and Secondly, entrustment of property/money being the most essential i....
• India - High Court of Jharkhand - Principal Bench Jharkhand
offence under Section 408 of IPC is absent, as the records were the petitioner that the basic ingredient for commission of After hearing the counsel for the parties, this Court finds that so far as the ingredient ... of Indian Penal Code and upheld the conviction under Section 408 of IPC vide Para-10 of the p style="position:absolute
• India - Crimes
BILAL NAZKI
have misappropriated an amount of Rs. 6,39,066 by drawing on several occasions—Conviction under while court acquitted him of other offences ... Indian Penal Code, 1860—Section 477A—Falsification of accounts—Accused-petitioner, a Government servant working as Senior Assistant ... under Section 420, 468 and 471 of IPC—Revision—Prosecution has to prove that there was a wilful act which had been made with intent ... The trial Court while acquitting him of the offence under Section 408, IPC....
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