AIR 1974 SUPREME COURT 794 ::1974 4 SCC 230 ::1974 SCC(Cri) 399 ::1974 3 SCR 348 ::1974 SCD 233

Supreme Court Of India

(From: Calcutta)

Hon'ble Judge(s): M. H. Beg, Y. V. Chandrachud, R. S. Sarkaria , JJJ

Index Note:- (A) West Bengal Criminal Law Amendment (Special Courts) Act (21 of 1949) , Sch. Item.2— No difference between ingredients of offence under Item 2 and one under Section 409, I. P./ C. by public servant. Penal Code (45 of 1860) , S.409— Brief Note:- (A) All that the entry 2 in the schedule purports to do is to indicate that offence punishable under S. 409 Indian Penal Code triable by the Special Courts are limited to those of criminal breach of trust committed by public servants in their capacities as public servants and do not embrace offences by other classes of persons mentioned in S. 409 Indian Penal Code.(Para 9) Index Note:- (B) Penal Code (45 of 1860) , S.409— Criminal breach of trust by a public servant - Ingredients - 'In any manner entrusted' meaning of - Sentence. Brief Note:- (B) To constitute an offence of criminal breach of trust by a public servant punishable under Section 409, Indian Penal Code, the acquisition of dominion or control over the property must also be in the capacity of a public servant. Ordinarily, it is the ostensible or apparent scope of a public servant's authority when receiving property and not its technical limitations, under some internal rules of the department or office concerne....