Delhi Divorce Lawyers · Family Law
Understand matrimonial cruelty allegations, streedhan and criminal breach of trust.
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Complaints involving 498A, 406 and Other Allied Crimes can raise separate questions about alleged cruelty and the handling of property. Section 498A IPC dealt with cruelty by a husband or his relatives. Sections 85 and 86 BNS address corresponding conduct, including specified serious wilful conduct or harassment linked to an unlawful demand for property or valuable security.
In matters involving 498A, 406 and Other Allied Crimes, the dates of the alleged conduct and the applicable transitional provisions matter when identifying the governing law.
Section 405 defines criminal breach of trust. Section 406 provides for imprisonment of up to three years, a fine, or both. Under the former CrPC schedule, the offence is non-bailable and triable by a Magistrate of the first class.
Section 316(1) defines criminal breach of trust. The general offence under Section 316(2) carries imprisonment of up to five years, a fine, or both. The BNSS First Schedule classifies it as cognizable, non-bailable and triable by a Magistrate of the first class.
Criminal breach of trust involves property entrusted to someone, or placed under their control, that they dishonestly misappropriate, convert to their own use or use or dispose of in breach of a legal direction or contract governing the trust. It also covers wilfully allowing another person to do so.
In Rashmi Kumar v. Mahesh Kumar Bhada, the Supreme Court explained that streedhan remains the wife’s property. A husband or family member entrusted with it can commit criminal breach of trust by dishonestly misappropriating it or converting it to personal use.
In a complaint involving 498A, 406 and Other Allied Crimes, identify the items in dispute, who received them and what happened afterwards. For related proceedings, see Domestic Violence and Contested Divorce.
For a consultation on 498A, 406 and Other Allied Crimes, bring the records relevant to your situation.
A court may grant bail under the applicable procedure. The allegations, stage of the case and relevant facts affect the decision.
Entrustment and dishonest conduct must be assessed on the evidence. A dispute over ownership or possession alone does not establish those elements.
We review complaints, notices and records, explain the applicable provisions and help clients prepare for the next procedural step.
BNSS First Schedule · Supreme Court discussion of Rashmi Kumar · Shonee Kapoor · Sahodar
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