Delhi Divorce Lawyers · Family Law

498A, 406 and Other Allied Crimes

Understand matrimonial cruelty allegations, streedhan and criminal breach of trust.

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Understanding 498A, 406 and Other Allied Crimes

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.

IPC and BNS Provisions

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.

IPC Sections 405 and 406

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.

BNS Section 316

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.

Streedhan and Criminal Breach of Trust

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.

Documents to Keep Ready

For a consultation on 498A, 406 and Other Allied Crimes, bring the records relevant to your situation.

  • Complaint, FIR, police notices and court orders.
  • A dated timeline of relevant events.
  • Item lists, invoices, photographs and records of entrustment or return, if available.
  • Relevant correspondence and details of connected proceedings.

Frequently Asked Questions

Can a court grant bail for a non-bailable offence?

A court may grant bail under the applicable procedure. The allegations, stage of the case and relevant facts affect the decision.

Does a property dispute establish criminal breach of trust?

Entrustment and dishonest conduct must be assessed on the evidence. A dispute over ownership or possession alone does not establish those elements.

How can Delhi Divorce Lawyers help with 498A, 406 and Other Allied Crimes?

We review complaints, notices and records, explain the applicable provisions and help clients prepare for the next procedural step.

Legal Sources and Related Reading

BNSS First Schedule · Supreme Court discussion of Rashmi Kumar · Shonee Kapoor · Sahodar

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