Section 406 of IPC deals with the punishment provided when there is a criminal breach of trust whereas section 405 of IPC defines what is criminal breach of trust.
CRIMINAL BREACH OF TRUST : The offence of criminal breach of trust is committed when a person who is entrusted in any manner with property or With dominion over it, dishonestly misappropriates it, or converts it to his own use, or-dishonestly uses it or disposes it of in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or willfully suffers any other person so to do.
The offence of criminal breach of trust is a Non-bailable offence which is triable by Magistrate First Class.The punishment under this offence can extend upto 3 years or fine or both.
If we talk about the matrimonial cases Criminal breach of trust takes place when the stridhan of the woman given to her by her family is being dishonestly misappropriated or converted by husband for his own personal use then we can say that there is a criminal breach of trust on the part of husband.
In Rashmi Kumar vs. Mahesh Kumar Bhada, the Supreme Court held that when the wife entrusts her Streedhan property with the dominion over that property to her husband or any other member of the family and the husband or such other member of the family dishonestly misappropriates or converts to his own use that property, or willfully suffers and other person to do so, he commits criminal breach of trust.
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