Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive overview of Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 Section 316 – Criminal Breach of Trust
Offence Defined:
A person commits a criminal breach of trust when they are entrusted with property—or given control over it—and they dishonestly:
Misappropriate or convert it to their own use,
Use or dispose of it contrary to law or contract,
Or willfully allow another to do so (testbook.com, myjudix.com).
Illustrative examples include a warehouse-keeper selling goods entrusted for storage or an agent diverting funds meant for investment for personal gain (myjudix.com).
⚖️ Punishment (Tiered by Role)
| Entrusted Person | Imprisonment | Fine |
|---|---|---|
| General person | Up to 5 years | Optional |
| Carrier, wharfinger, warehouse keeper | Up to 7 years | Mandatory |
| Clerk or servant | Up to 7 years | Mandatory |
| Public servant, banker, merchant, agent, etc. | Life imprisonment or ≤ 10 years | Mandatory |
🛡️ Classification & Procedure
Cognizable: ✅ Police may arrest without a warrant
Bailable: Typically non-bailable, especially in serious cases involving public servants (testbook.com)
Triable by: First-Class Magistrate, though severe instances may go to higher courts
🔍 Key Legal Elements
Entrustment or Control: You must have legal or contractual custody or authority.
Dishonest Intention: The act must be done willfully and with ulterior motive.
Misuse or Non-Adherence: Using, disposing, or allowing misuse contrary to agreements, legal directions, or contractual duties.
🆚 Why It Matters
Consolidates IPC Sections 405–409 into a clearer framework
Introduces stiffer sentences (e.g., life imprisonment for public officials).
Ensures swift legal recourse by classifying the offence as cognizable and typically non-bailable.
Under BNS, a trusted individual—whether in banking, warehousing, or administration—betraying that trust faces severe legal consequences.
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