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Misappropriation by Public Servants

By S. Madhusudan Rao

Published In

Air 1955

Dishonest misappropriation or conversion to his own use of property entrusted to a public servant in his capacity as such public servant is punishable under S. 409, I. P. C. The law in regard to this particular kind of offence appears to have been considerably affected by the provisions of the Prevention of Corruption Act, 1947. Section 405, I. P. C. defines Criminal Breach of Trust as follows : “Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do commits criminal breach of trust.” Broadly analysing Criminal Breach of Trust is committed in the followin ....

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