Indian Penal Code, 1860
IPC Section 409 in BNS
Criminal breach of trust by public servant, banker, merchant or agent. Section 409 of the Indian Penal Code, 1860 (Criminal breach of trust by public servant, banker, merchant or agent) corresponds to Section 316(5) of the Bharatiya Nyaya Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under IPC & Bharatiya Nyaya Sanhita, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Criminal breach of trust is defined under:
Answer & explanation
Section 316 BNS
BNS Section 316 corresponds to IPC Section 405 and its punishment provisions. It requires entrustment of property and dishonest misappropriation or conversion in violation of a legal direction.
The offence of criminal breach of trust requires:
Answer & explanation
Entrustment of property, followed by dishonest misappropriation or conversion
Entrustment distinguishes it from theft (taking) and cheating (deception inducing delivery).
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 406 | Punishment for criminal breach of trust | 316(2) |
| 407 | Criminal breach of trust by carrier | 316(3) |
| 408 | Criminal breach of trust by clerk or servant | 316(4) |
| 410 | Stolen property | 317(1) |
| 411 | Dishonestly receiving stolen property | 317(2) |
| 413 | Habitually dealing in stolen property | 317(4) |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IPC→BNS table