Criminal breach and theft
3 months ago
1) Salary misappropriation is cbt ? : if a personal loan is wilfully defaulted which was to be paid from future income, so this misappropriation of income will be criminal breach of trust right ?
2) The criminal breach of trust will be applicable since the initial when I had lent or when it's performance was breached ?
3) Theft : if someone took the property with consent however under deception then it should also be theft since the consent is invalid under general exception.
A.Dear client,
In the case of a personal loan, the Supreme Court has held that default to pay would not amount to a criminal offence. However, if a fraudulent means to not pay is established, then it would amount to a criminal offence. The essentials to prove a criminal breach of trust are the misappropriation of money and a dishonest intention in doing so as per Section 405 of the IPC.
In case of criminal breach of trust, the offence would initiate when the misappropriation begins and not when the money was lend. When the person acts on the misappropriation, the commission of the offence begins. If someone dishonestly obtains property, it would amount to a criminal offence under Section 424 of IPC. It states that Fraudulent removal or concealment of property of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled will be imprisoned for 2 years.
Thank you
In the case of a personal loan, the Supreme Court has held that default to pay would not amount to a criminal offence. However, if a fraudulent means to not pay is established, then it would amount to a criminal offence. The essentials to prove a criminal breach of trust are the misappropriation of money and a dishonest intention in doing so as per Section 405 of the IPC.
In case of criminal breach of trust, the offence would initiate when the misappropriation begins and not when the money was lend. When the person acts on the misappropriation, the commission of the offence begins. If someone dishonestly obtains property, it would amount to a criminal offence under Section 424 of IPC. It states that Fraudulent removal or concealment of property of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled will be imprisoned for 2 years.
Thank you
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