Statute explainer · Section 316 BNS

Criminal Breach of Trust Under Section 316 BNS — Elements, Punishment and the Line With Civil Disputes

Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice

In short: Criminal breach of trust under Section 316 BNS (formerly Section 406 IPC) is the dishonest misuse of property entrusted to a person. It carries up to five years, and more for employees, carriers, bankers and public servants. It differs from cheating because the intent arises after lawful entrustment. Advocate Manish Sharma handles these cases in Faridabad's courts.

This explainer sets out the elements, the punishment for each category, the difference from cheating, common Faridabad situations, and when the High Court treats the case as a civil dispute.

What must be proved for criminal breach of trust?

Criminal breach of trust is a dishonest misappropriation, conversion, use or disposal of property by a person to whom it was entrusted, in violation of the law or the terms of the trust, under Section 316(1) BNS. Entrustment is a handing over of property, or dominion over it, to a person for a purpose, with the owner keeping ownership. The prosecution must prove both the entrustment and dishonest intention in dealing with the property.

What are the punishments?

Who commits it	Provision	Maximum sentence
Any person	Section 316(2)	5 years, or fine, or both
Carrier, wharfinger or warehouse-keeper	Section 316(3)	7 years and fine
Clerk or servant (employee)	Section 316(4)	7 years and fine
Public servant, banker, merchant, agent, attorney	Section 316(5)	Life, or 10 years, and fine

How is it different from cheating?

In cheating under Section 318 BNS, the dishonest intention exists from the start, when the victim is induced to part with property. In breach of trust, the property is handed over lawfully and the dishonest intention comes later. The Supreme Court explained in Delhi Race Club v. State of UP (2024) that the two cannot ordinarily co-exist on the same facts, so an FIR invoking both needs scrutiny. See the cheating guide.

Which Faridabad situations lead to these cases?

Stridhan or jewellery withheld by the husband's family after separation.
An employee or accountant diverting company funds or stock.
A transporter selling goods entrusted for delivery.
A partner or agent keeping sale proceeds.

When is it only a civil dispute?

Failure to pay money due under a contract, or a disagreement over accounts, is not breach of trust without dishonest misappropriation of entrusted property. The High Court quashes FIRs that dress up a commercial dispute as a crime; see High Court remedies.

How to choose an advocate for this matter in Faridabad

Enrolment: ask for the enrolment number and State Bar Council. Under Section 30 of the Advocates Act, 1961 an enrolled advocate may appear in any court in India.
Forum presence: check appearances before the court concerned on the eCourts portal.
Candour: a reliable advocate tells you the weak points of the file, not a promised result.
Written terms, stage by stage; costs are explained in the lawyer fees guide.

Rule 36 of the Bar Council of India Rules forbids any advocate from claiming to be the "best", "top" or "No. 1" in Faridabad. Those words in a search are best answered by the tests above.

Frequently asked questions

What is the punishment for criminal breach of trust under BNS?

Up to five years, or fine, or both, under Section 316(2); up to seven years for carriers and employees, and up to life for public servants, bankers and agents.

Is Section 316 BNS the same as Section 406 IPC?

Yes. Section 316 BNS replaced Sections 405 to 409 IPC from 1 July 2024, with the categories kept in sub-sections.

Can a husband's family be charged for not returning stridhan?

Yes. Stridhan is the woman's property, and retaining it against her demand can amount to criminal breach of trust, as held in Pratibha Rani v. Suraj Kumar (1985).

Can a breach of trust FIR be quashed?

Yes, where the dispute is purely contractual or civil with no dishonest misappropriation of entrusted property, the High Court can quash it under Section 528 BNSS.