No

                     Theft

         Criminal breach of Trust


1)

Definition:

  Section 378 of Indian Penal Code defines theft – “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.”

Definition:

      Section 405 of the Indian Penal Code defines Criminal breach of trust -
“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 willfully suffers any other person so to do, commits “criminal breach of trust”.


2)

Ingredients: 
To constitute theft , the following ingredients must be present 

1) The accused must have a dishonest intention to take the property.

2) The property must be movable;

3) The Property must be taken out of the possession of the person, resulting in wrongful gain by one and wrongful loss to another; 

4) The property must be moved.

5) Taking must be without that person’s consent.

Ingredients:

 To constitute criminal breach of trust following ingredients must be present.

1) The accused must be entrusted with property or with dominion over property;

2) The person who entrusted must – 
 i) dishonestly misappropriate or convert to his use that property or

ii) dishonestly use or dispose of that property or willfully suffer any other person to do so

a) in violation of any directions of law prescribing the mode in which such property is to be discharged \.

b) any legal contract made touching discharge of such trust.



3)

Example: 
A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's consent. A has committed theft.

Example: 

A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.


4)

In Theft, the property is moved from the possession of another man with dishonest intention     


In criminal breach of trust, the offender is lawfully entrusted with the property and he dishonestly misappropriated it.


5

In theft, the offender comes in possession of the property without the consent of the person in possession     


In criminal breach of trust, possession is derived with the consent of the owner.

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