IPC Section 406 = BNS Section 316

Criminal Breach of Trust

आपराधिक विश्वासघात

Fraud, Cheating & Breach of Trust No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 406 of the IPC dealt with criminal breach of trust — misappropriation of property entrusted to a person. Under the BNS 2023, this is now Section 316. The punishment remains imprisonment of up to 3 years, or fine, or both.
Hindi IPC की धारा 406 आपराधिक विश्वासघात से संबंधित थी — किसी व्यक्ति को सौंपी गई संपत्ति का दुरुपयोग। BNS 2023 के तहत, यह अब धारा 316 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 406 Section 316
Title Criminal Breach of Trust Criminal Breach of Trust
Punishment Imprisonment up to 3 years, or fine, or both Imprisonment up to 3 years, or fine, or both
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable Yes — Can be settled between parties
Triable By Magistrate of the First Class

Key Changes

  • Section number changed from IPC 406 to BNS 316
  • Substantive provisions remain unchanged
  • Continues to be compoundable with permission of court

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 Property was entrusted to the accused or the accused had dominion over it
  2. 2 The accused dishonestly misappropriated or converted the property to their own use
  3. 3 Or the accused dishonestly used or disposed of the property in violation of legal or contractual directions

Frequently Asked Questions

What is the BNS equivalent of IPC Section 406?

IPC Section 406 (Criminal Breach of Trust) is now BNS Section 316 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Is criminal breach of trust compoundable?

Yes. BNS Section 316 is a compoundable offence, meaning the parties can settle the matter with the permission of the court.

What is the difference between cheating (BNS 318) and criminal breach of trust (BNS 316)?

In cheating, the deception occurs at the time of obtaining property. In criminal breach of trust, the property is lawfully entrusted but subsequently misappropriated.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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