IPC Section 407

IPC Section 407 addresses the offence of criminal breach of trust committed by a public servant. This section is crucial as it holds public officials accountable for misappropriating property entrusted to them in their official capacity. Such breaches undermine public trust and the integrity of government institutions.

Understanding IPC Section 407 helps ensure that public servants adhere to their duties honestly and face legal consequences if they misuse entrusted property. This provision safeguards public resources and promotes transparency in administration.

IPC Section 407 – Exact Provision

This section criminalizes the act of a public servant misappropriating or dishonestly using property entrusted to them. It applies specifically to individuals serving the government, ensuring they do not exploit their official position for personal gain.

• Applies only to public servants or government employees.

• Concerns property entrusted or under official control.

• Punishment can be imprisonment up to five years, fine, or both.

• Focuses on dishonest misappropriation or misuse.

Purpose of IPC Section 407

The legal objective of IPC Section 407 is to maintain integrity and trust in public administration. It deters public servants from misusing their official position to commit breach of trust. By penalizing such conduct, the law aims to protect public property and ensure accountability within government services.

• Preserve public confidence in government officials.

• Prevent misuse of entrusted property by public servants.

• Ensure accountability and deter corruption.

Cognizance under IPC Section 407

Cognizance of offences under Section 407 can be taken by courts upon receiving a complaint or police report. Since it involves public servants, investigations may require prior sanction from competent authorities.

• Courts take cognizance on police report or complaint.

• Prior government sanction may be necessary before prosecution.

• Offence is cognizable, allowing police investigation.

Bail under IPC Section 407

Offences under IPC Section 407 are generally non-bailable due to their serious nature involving public trust. However, bail may be granted at the discretion of the court depending on case facts and severity.

• Non-bailable offence in most cases.

• Bail granted based on court’s discretion and circumstances.

• Seriousness of breach influences bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 407 are triable by Sessions Courts due to the gravity of the offence. Magistrate courts may conduct preliminary inquiries but the trial generally proceeds in Sessions Court.

• Sessions Court has jurisdiction for trial.

• Magistrate courts handle initial investigation or remand.

• Seriousness warrants higher court trial.

Example of IPC Section 407 in Use

Consider a government clerk entrusted with managing public funds. If the clerk diverts a portion of these funds for personal use, it constitutes criminal breach of trust under Section 407. The clerk can be prosecuted and punished with imprisonment or fine. Conversely, if the clerk merely makes an accounting error without dishonest intent, Section 407 would not apply.

Historical Relevance of IPC Section 407

IPC Section 407 has its roots in the original Indian Penal Code of 1860, designed to address corruption and misuse of public office. Over time, amendments and judicial interpretations have clarified its scope and application.

• Introduced in IPC 1860 to curb corruption.

• Judicial clarifications on 'public servant' and 'trust'.

• Amendments to strengthen anti-corruption laws.

Modern Relevance of IPC Section 407

In 2025, IPC Section 407 remains vital for combating corruption in public offices. Courts have interpreted it broadly to include digital assets and electronic records entrusted to public servants. Its enforcement supports transparency and good governance.

• Applies to digital and electronic property entrusted.

• Supports anti-corruption initiatives and transparency.

• Courts emphasize strict liability for public servants.

Related Sections to IPC Section 407

• Section 405 – Criminal breach of trust (general)

• Section 409 – Criminal breach of trust by public servant or banker

• Section 420 – Cheating and dishonestly inducing delivery of property

• Section 13 of Prevention of Corruption Act – Criminal misconduct by public servant

• Section 138 of Negotiable Instruments Act – Dishonour of cheque

Case References under IPC Section 407

1. State of Maharashtra v. Dr. Praful B. Desai (2003, AIR 40, SC)

   – The Supreme Court emphasized the need for prior sanction before prosecuting a public servant under Section 407.

2. R.K. Jain v. Union of India (1981, AIR 1365, SC)

   – Held that dishonest intention is essential to establish criminal breach of trust by a public servant.

3. Union of India v. K.C. John (1965, AIR 740, SC)

   – Clarified the scope of 'property entrusted' under Section 407.

Key Facts Summary for IPC Section 407

• Section:

  407

• Title:

  Criminal Breach of Trust by Public Servant

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 5 years, or fine, or both

• Triable By:

  Sessions Court

Conclusion on IPC Section 407

IPC Section 407 plays a crucial role in maintaining the sanctity of public office by penalizing dishonest conduct by public servants. It ensures that government employees entrusted with property or funds act responsibly and transparently.

By enforcing this provision, the legal system upholds public confidence in administration and deters corruption. Its continued relevance in modern governance highlights the importance of accountability and integrity in public service.

FAQs on IPC Section 407

Who qualifies as a public servant under IPC Section 407?

A public servant includes any government employee or official acting in an official capacity or employed by the government. This covers a wide range of positions entrusted with public property.

Is prior government sanction required to prosecute under Section 407?

Yes, prosecution of a public servant under Section 407 generally requires prior sanction from the appropriate government authority before legal proceedings can begin.

Can Section 407 apply to digital property?

Yes, courts have interpreted Section 407 to include digital assets or electronic records entrusted to public servants, reflecting modern property forms.

Is the offence under Section 407 bailable?

Typically, offences under Section 407 are non-bailable due to their serious nature, but bail may be granted at the court’s discretion depending on circumstances.

What is the maximum punishment under IPC Section 407?

The maximum punishment is imprisonment for up to five years, or a fine, or both, depending on the case facts and judicial discretion.