Criminal breach of trust by carrier, etc
Section 407 of the Indian Penal Code, 1860 deals with criminal breach of trust by carrier, etc. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 407, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 316 Criminal breach of trust Close, with changes 85%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 6
- Code of Criminal Procedure s. 222 When offence proved included in offence charged
- Code of Criminal Procedure Act s. 222 When offence proved included in offence charged
- Code of Criminal Procedure s. 222 When offence proved included in offence charged
- Crpc 1973 s. 222 When offence proved included in offence charged
- Rajasthan Co-operative Societies Act s. 28 Disqualification of membership etc. of committees
- Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act s. 17
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jinna Sreekanth vs The State of Telangana.
Court's Decision & Legal Precedent
The High Court will not exercise its discretionary power under Section 482 Cr.P.C to quash criminal proceedings at the petition stage when the trial court is competent to proceed with the trial and the accused have adequate remedies available under law. The truth of allegations can only be properly determined through trial proceedings, and premature interference by the High Court is not warranted.
On this section: Criminal Breach of Trust - The accused were charged with this offence. The Court did not find sufficient grounds to quash proceedings based on this charge.
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STATE vs GURPAL SINGH @ BHURA
Court's Decision & Legal Precedent
When an accused has been in custody for a reasonable period, custodial interrogation is not required, the complainant has withdrawn charges, the investigating officer has moved a discharge application, and the trial is likely to take considerable time, bail should be granted with appropriate conditions to prevent indefinite incarceration pending trial.
On this section: Charged offence relating to criminal breach of trust
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Shokin S/o Ali Khan B/c Meo vs State of Rajasthan
Court's Decision & Legal Precedent
In cases where an accused has been in custody for a substantial period, is charged in a Magisterial trial, and has no history of other criminal cases, it is just and expedient to grant regular bail under Section 439 CrPC, subject to the satisfaction of the Trial Court, without expressing any opinion on the merits of the case.
On this section: Offence of Criminal Breach of Trust - charge in the challan filed against the petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 407
What have the courts held on Section 407 of the Indian Penal Code?
Jinna Sreekanth vs The State of Telangana. (10 Nov 2023) is the leading judgment on this section among those set out below: Criminal Breach of Trust - The accused were charged with this offence. The Court did not find sufficient grounds to quash proceedings based on this charge. Another 2 judgments on this section are set out below. They run from 2019 to 2023.
How do I find court cases under Section 407 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 407, section 407 IPC, section 407 of the Indian Penal Code. People searching for it also type ipc 407 punishment and ipc 407 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Jinna Sreekanth vs The State of Telangana. (10 Nov 2023).
What should I read with Section 407 of the Indian Penal Code, and has it changed?
6 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 316 (Criminal breach of trust), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 407 of the Indian Penal Code come into force?
Section 407 of the Indian Penal Code, cited as IPC 407, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.