Section 316 of Bharatiya Nyaya Sanhita (BNS): Criminal Breach of Trust

Introduction

What is the Bharatiya Nyaya Sanhita (BNS) and Why Was It Introduced?

The Bharatiya Nyaya Sanhita (BNS) is a new set of laws in India that was introduced in 2023. It replaces the old laws called the Indian Penal Code (IPC), which were made a long time ago in 1860, during British rule. The BNS is like an updated rulebook for dealing with crimes. It is designed to make sure that laws are fair, clear, and help people get justice more quickly. The BNS also aims to protect the rights of people who are victims of crimes and gives clearer punishments for those who break the law, helping to stop crimes from happening.

The new BNS laws are made to work better with today’s world and match the rules used in other countries, while still considering India’s unique culture and society. The BNS has new rules, clearer definitions, and it explains what is allowed and what is not. This helps everyone understand the laws better and makes sure that justice is fair for everyone.

What is Section 316: Criminal Breach of Trust?

Section 316 of the BNS talks about a crime called criminal breach of trust. This happens when someone is trusted with something valuable, like money or property, and they use it dishonestly or don’t do what they are supposed to do with it. For example, if a boss takes money from an employee’s salary that is supposed to go to a savings fund but does not put it into that fund, they have committed a criminal breach of trust.

This section is important because it makes sure that people who are trusted with things (like money or property) use them properly and don’t take advantage of the trust others have in them. It covers many people like public workers, employers, agents, and even storekeepers who must handle things that belong to others.

Why is it Important to Understand Section 316?

It’s important to know about Section 316 because the rules about trust are changing to be more fair and clear. India wants to make sure that people who are given special responsibilities, like handling money or property, cannot cheat or misuse what they are trusted with. The new rules help explain what happens if someone does not follow the rules, making it easier to understand what is allowed and what is not.

Knowing these rules helps everyone — from workers and employers to regular people — follow the law correctly and avoid mistakes. It also helps people who have been wronged or cheated understand their rights and seek justice more easily. In this way, Section 316 helps build trust and fairness in society.

People Also Read: What are some Notable Supreme Court and High Court Cases Related to Section 285 and Public Safety

Understanding Criminal Breach of Trust Under BNS Section 316

What is “Criminal Breach of Trust”?

“Criminal Breach of Trust” is a crime explained in Section 316 of the Bharatiya Nyaya Sanhita (BNS). It happens when someone is trusted to take care of something valuable, like money or property, but instead, they misuse it or steal it. Think of it like this: if you lend your favorite toy to a friend, and they sell it or break it on purpose, they have broken your trust.

The law says that if someone is given something to keep safe or use in a certain way and they do not do that, they are committing a breach of trust. For example:

• If someone is supposed to manage another person’s money but uses it for themselves instead.
• If an employee takes money from the company and spends it on their own things.
• If a government worker or official takes money or property they are supposed to protect and uses it for themselves.

Important Words to Understand: “Entrustment,” “Misappropriation,” and “Dishonesty”

Let’s look at some important words to understand what criminal breach of trust means:

1. Entrustment

Entrustment means giving someone responsibility or control over something valuable, like money or property, expecting them to take care of it properly and honestly. For example:

• A company might give an employee the job of managing its money.
• A friend might ask another friend to look after their pet while they are away.
• A person might put their savings in a bank.

When someone is entrusted with something, they must do what they are supposed to do with it. If they don’t, they break the trust placed in them.

2. Misappropriation

Misappropriation means taking something that was given for a specific purpose and using it in a way that was not allowed. It’s like borrowing your friend’s book to read, but then you sell it without telling them. Misappropriation can happen in situations like:

• An employee uses company money to buy themselves a new phone.
• A person keeps money that was supposed to be donated to a charity.
• Someone sells goods that they were only supposed to keep safe.

Misappropriation is a serious offense because it means breaking the rules about what someone is supposed to do with something they were trusted with.

3. Dishonesty

Dishonesty means being untruthful or deceitful to gain something or to cause someone else to lose something. In the case of criminal breach of trust, it could involve:

• Lying about how money or property was used.
• Making fake records to hide stolen money.
• Refusing to give back something that was borrowed or taken for safekeeping.

Dishonesty is what makes a breach of trust a criminal act. It shows that the person knew they were doing something wrong and did it anyway to benefit themselves or harm someone else.

Key Elements of Criminal Breach of Trust

A criminal breach of trust happens when someone breaks the rules about taking care of something valuable that was trusted to them. To understand when this becomes a serious crime, let’s look at the key parts of a criminal breach of trust.

Important Parts of Criminal Breach of Trust

To prove a criminal breach of trust, these important things must happen:

1. Being Trusted with Property (Entrustment)

The first important part is entrustment. This means someone gives another person something valuable, like money or property, with the understanding that they will take care of it properly. For example:

• An employer trusts an employee with company money, expecting them to use it for business purposes.
• A bank is trusted with people’s money and must keep it safe and use it correctly.

If the person trusted with the property doesn’t do what they are supposed to, it could be a breach of trust.

2. Using the Property Wrongly (Misappropriation or Conversion)

Misappropriation or conversion happens when the person trusted with the property uses it in a way that they are not allowed to. This means they use it for themselves or in a way that wasn’t agreed upon. For example:

• If an employee is given money to pay a bill but instead uses it to buy a personal item, that is misappropriation.
• If a warehouse keeper sells goods they were supposed to keep safe, that is conversion.

3. Acting Dishonestly (Dishonest Intent)

Dishonesty means doing something wrong on purpose. For it to be a criminal breach of trust, the person must know that what they are doing is wrong, but they do it anyway to benefit themselves or harm someone else. Examples of dishonest intent include:

• Changing records to hide that they took money.
• Not giving back property when asked, even though they know they should.

Dishonesty turns a simple mistake into a criminal action.

4. Breaking the Rules or Duties (Violation of Trust or Legal Obligation)

The final part of a criminal breach of trust is a violation of trust or legal obligation. This means that the person not only acted dishonestly but also broke a rule or law they were supposed to follow. For example:

• If a public official uses money meant for public projects for themselves, they are breaking the law.
• If a broker uses a client’s money for their personal investments without permission, it breaks the trust and the law.

Difference Between Civil and Criminal Breach of Trust

There are two types of breaches of trust: civil and criminal. Here’s how they are different:

Civil Breach of Trust

A civil breach of trust happens when someone breaks a contract or agreement between two people. This is usually handled in civil court, where the person who broke the agreement might have to pay money or fix the problem, but they do not go to jail. For example:

• If a landlord does not fix a leaky roof as promised in the lease, the tenant can sue the landlord to get the repair done.

Criminal Breach of Trust

A criminal breach of trust is more serious and involves dishonesty and intent to cause harm or unfair gain. This type of breach is considered a crime against society, and the person who does it can be punished with jail time or fines. For example:

• If someone trusted with company money uses it for their personal expenses and tries to hide what they did, it is a criminal offense.

Illustrations and Real-life Examples of Criminal Breach of Trust

To understand how Section 316 of the Bharatiya Nyaya Sanhita (BNS) works in real life, let’s look at some examples of situations where a criminal breach of trust can happen. These examples involve different people, like employers, public servants, agents, and warehouse-keepers, who may misuse something valuable that was trusted to them.

Examples of Different Situations

1. Employer Obligations

Employers often handle money or funds that belong to their employees, like their contributions to a savings fund or insurance. If an employer takes this money but does not put it where it should go, it is considered a criminal breach of trust.

• Example: An employer takes some money from each employee’s paycheck for a savings fund but instead uses that money to pay for personal things, like a vacation or new gadgets. This is a misuse of the employees’ money and breaks the trust they had in the employer, which is punishable under Section 316.

2. Misappropriation by Public Servants

Public servants, like government officials, are trusted to use public money or resources in the right way. If they use these resources for themselves instead of for public purposes, it is a criminal breach of trust.

• Example: A government officer is given money to build a community hospital, but instead of using it for the hospital, they use part of the money to buy a luxury car. This is both against the law and an abuse of public trust, which can lead to punishment under Section 316.

3. Agents or Representatives

Agents or representatives are people who are trusted to handle money or property on behalf of someone else. They must follow the instructions given to them. If they do something different without permission, it can be a breach of trust.

• Example: An agent is given money by a client to invest in a specific company. But the agent decides to invest in a different company without asking the client. If the client loses money because of this decision, the agent can be charged with a criminal breach of trust.

4. Warehouse-Keepers and Custodians

Warehouse-keepers are responsible for storing goods safely. If they sell, damage, or misuse these goods without permission, they are breaking the trust placed in them.

• Example: A warehouse keeper is asked to store 100 crates of apples until the owner sells them. Instead of keeping them safe, the keeper sells 50 crates and uses the money for personal expenses. This is a criminal breach of trust under Section 316.

Real-life Cases and Hypothetical Examples

1. Real-life Example: Employee Embezzlement

In a real case, an employee was trusted to manage the money for buying office supplies. Over time, the employee made fake bills and secretly took some of the money for themselves. When this was discovered, the employee was charged with criminal breach of trust for stealing the company’s money.

2. Hypothetical Example: Misuse of Client Funds by a Financial Advisor

Imagine a financial advisor is trusted by a client to invest their retirement money in safe government bonds. However, the advisor, wanting to earn more commission, invests the money in risky stocks without telling the client. When the market crashes, the client loses a lot of their savings. The advisor’s actions would be considered a criminal breach of trust under Section 316 because they broke the client’s trust to make money for themselves.

3. Real-life Example: Breach of Trust by a Public Servant

A public servant responsible for giving out disaster relief money to families in need took the funds and put them into their own bank account instead of distributing them. This misuse of money meant for others was considered a criminal breach of trust, and the public servant was charged under Section 316.

Roles and Responsibilities Affected by Section 316

Section 316 of the Bharatiya Nyaya Sanhita (BNS) explains what happens when people don’t take care of things they are trusted with, like money or important items. It applies to different people, such as government workers, bosses, helpers, office workers, and bankers. These people have certain jobs and rules they must follow. If they don’t follow these rules, they can get into serious trouble.

How Section 316 Affects Different Roles

1. Public Servants (Government Workers)

Public servants are people who work for the government. They take care of public money and resources, like money meant for building schools or hospitals. They have a job to use this money only for what it is meant for. If they use the money for themselves, it is a breach of trust.

• What They Must Do:
  • Use public money and resources only for their correct purposes, like building roads or helping people.
  • Be honest and do their job properly.
  • If they use the money for themselves, they can be punished with jail or fines.

2. Employers (Bosses)

Employers are bosses who run companies and handle money that belongs to their workers, like money taken from salaries for savings or insurance. Section 316 says they must use this money correctly. If they keep it for themselves, it is against the law.

• What They Must Do:
  • Make sure all money taken from workers’ paychecks goes to the right place, like a savings account.
  • Follow all rules about handling workers’ money.
  • If they use this money for themselves, they can get in trouble with the law.

3. Agents (Helpers or Representatives)

Agents are people who help others with their business or personal matters, like buying or selling things. They are trusted to use money or property only in the way they are told.

• What They Must Do:
  • Follow the instructions they are given by the person they are helping.
  • Never use the money or property for something else without asking first.
  • If they do something wrong with the money or property, it is considered a breach of trust.

4. Clerks (Office Workers)

Clerks are people who work in offices and handle money, documents, or other important items for their employers. Section 316 applies to clerks who do not manage these things honestly.

• What They Must Do:
  • Take care of all money, documents, and items properly and honestly.
  • Keep accurate records and report any problems right away.
  • If they take money or make fake records, they can be punished for breaking the law.

5. Bankers

Bankers are people who work in banks and take care of customers’ money. Section 316 says they must handle this money carefully and honestly. If they misuse the money or take it without permission, it is a crime.

• What They Must Do:
  • Keep all money safe and use it only as agreed with the customer.
  • Keep customer information private and not use it for other purposes.
  • If they take or misuse customers’ money, they can be charged with a crime.

Penalties and Consequences Under Section 316

Section 316 of the Bharatiya Nyaya Sanhita (BNS) explains what happens if someone breaks the trust placed in them and does something wrong with money or property they were supposed to take care of. Depending on who does the wrong thing and how bad it is, the punishment can be different. Here’s a simple way to understand the possible punishments for different people.

What Are the Penalties?

If someone is found guilty of breaking the trust under Section 316, they can face:

• Jail Time: They might have to go to jail for a few months, many years, or even for life, depending on how serious the crime is.
• Fines: They may have to pay money as a fine. The amount depends on how much money or property was misused.
• Both Jail Time and Fines: In some cases, they might have to serve time in jail and pay a fine, especially if the crime is serious.

Specific Punishments for Different People

Different people have different responsibilities, so the punishments can be different too:

1. Public Servants (Government Workers)

Public servants are people who work for the government. They handle public money and resources, like funds meant for building roads or schools. If they misuse this money or use it for themselves, they can face:

• Jail Time: They could go to jail for up to 10 years or even for life.
• Fines: They might also have to pay a big fine, depending on how much money they misused.

2. Clerks (Office Workers)

Clerks are people who work in offices and handle money, documents, or other important items for their employers. If they misuse this money or make fake records to hide what they did, they can face:

• Jail Time: They could go to jail for up to 7 years.
• Fines: They may also have to pay a fine, depending on how much money was involved.

3. Agents (Helpers or Representatives)

Agents are people who help others with their business, like buying or selling things. If they use the money or property they were trusted with in the wrong way, they can face:

• Jail Time: They could be jailed for up to 7 years.
• Fines: They might have to pay a fine if they caused a loss.

4. Bankers, Merchants, and Brokers

Bankers, merchants, and brokers handle large amounts of money and valuable things. If they misuse the money or property they are trusted with, they face serious consequences:

• Jail Time: They could go to jail for up to 10 years or even for life.
• Fines: They could also be fined based on how much they misused.

Why Are Punishments Different?

The punishments under Section 316 depend on who committed the breach of trust and how serious the breach was:

• Stricter Penalties for Public Servants and Financial Workers: 

Public servants and people like bankers can get the harshest punishments, like life in jail, because their actions can hurt a lot of people or affect important public projects.

• Moderate Penalties for Clerks and Agents: 

Clerks and agents might face less severe punishments, like up to 7 years in jail, because their actions might involve less money or affect fewer people.

• Severity Based on the Amount and Intent: 

The bigger the amount of money or property misused, and the more dishonest the person’s actions, the harsher the punishment.

Comparison with Previous IPC Provisions

Section 316 of the Bharatiya Nyaya Sanhita (BNS) is a new law that talks about criminal breach of trust. It is different from the old laws under the Indian Penal Code (IPC). Let’s look at how Section 316 is different from the older rules and what these changes mean.

How Section 316 of BNS is Different from the Indian Penal Code (IPC)

Section 316 of the BNS changes some of the rules that were part of Sections 405 to 409 of the IPC. Here are the main differences:

1. Clearer Rules and Expanded Coverage

• Old IPC Rules: The old IPC rules explained what criminal breach of trust is, but sometimes, they were not very clear about the different types of trust or who exactly was responsible.
• New BNS Rules: Section 316 of the BNS makes things clearer. It explains exactly what counts as a breach of trust and gives more examples. It also talks specifically about different roles, like public servants, employers, agents, and bankers, and what happens if they break the trust.

2. Different Penalties for Different Roles

• Old IPC Rules: The IPC rules had similar punishments for everyone who broke trust, like public servants, clerks, agents, and bankers. It didn’t always consider that some people have bigger responsibilities than others.
• New BNS Rules: Section 316 gives different punishments depending on who commits the crime. For example, public servants or bankers might get tougher punishments, like going to jail for a long time, because their actions can affect more people. Meanwhile, clerks or agents might get lighter punishments if their actions are less serious.

Key Changes and What They Mean for Legal Cases

1. Focus on Public Trust and Responsibility

• What Changed: Section 316 is stricter about making sure public trust is protected, especially for people who handle public money or have important jobs, like government workers.
• What This Means: Courts will likely be tougher on people who misuse public resources, to make sure they are held responsible for their actions.

2. Clearer Responsibilities for Different Roles

• What Changed: Section 316 clearly explains what is expected from different people, like agents, clerks, and bankers. It also details what happens if they don’t do their jobs correctly.
• What This Means: This helps judges give fairer punishments because they know exactly what each person was supposed to do. It also reduces confusion about what is considered a crime.

3. Tougher Penalties for Financial Crimes

• What Changed: Section 316 sets tougher penalties for crimes involving money, especially for people like bankers and brokers who handle lots of money.
• What This Means: These rules make sure people in the financial industry are very careful and honest. They also help prevent cheating and protect people’s money better.

4. Updated to Match International Standards

• What Changed: The BNS rules are now more similar to the rules used in other countries. They have been updated to be fairer and more modern.
• What This Means: This helps India work better with other countries when dealing with legal matters. It also makes sure that India’s legal system is respected worldwide.

Important Court Decisions About Criminal Breach of Trust

Court decisions are like important rules that help everyone understand how laws should be followed. Here, we will look at some important decisions made by the Supreme Court of India. These decisions explain key ideas, like “entrustment” and “dishonesty,” which are essential to understanding the crime called criminal breach of trust.

1. State of Gujarat v. Jaswantlal Nathalal (1968) – What is “Entrustment”?

One very important case was State of Gujarat v. Jaswantlal Nathalal in 1968. This case helped everyone understand what the word “entrustment” means.

• What Happened: Jaswantlal Nathalal was a contractor who received cement from the government. The cement was supposed to be used for a specific project. But instead, he used it for his own purposes.
• What the Court Decided: The court decided that “entrustment” means that when someone gives another person control over something, like money or goods, they expect it to be used in a certain way. In this case, since Jaswantlal used the cement for his own needs and not for the project, he broke the trust placed in him. This was called a criminal breach of trust.
• Why It Is Important: This decision is important because it explained that when you are given something to take care of, you must use it exactly as the person who gave it to you wants. If you do not, it can be considered a crime.

2. Sardar Singh v. State of Haryana (1977) – What is “Dishonesty”?

Another important case was Sardar Singh v. State of Haryana in 1977. This case helped define what it means to act “dishonestly.”

• What Happened: Sardar Singh, who worked for the government, was accused of using money meant for public projects for his own benefit. The court had to decide if what he did was “dishonest.”
• What the Court Decided: The court said that being “dishonest” means doing something on purpose to cause a wrongful gain for yourself or a wrongful loss to someone else. In Sardar Singh’s case, he knew he was using the money in the wrong way and intended to benefit himself while causing a loss to the public. Because of this, the court decided he was guilty of being dishonest, which meant he committed a criminal breach of trust.
• Why It Is Important: This decision taught us that if you take something you were trusted with and use it wrongly on purpose to help yourself or hurt someone else, it is considered dishonest, and you can be punished for it.

Impact of Section 316 on Legal Cases

Section 316 of the Bharatiya Nyaya Sanhita (BNS) brings new rules for how courts handle cases about criminal breach of trust. This affects how lawyers and judges work on these cases, what kind of arguments they make, and what decisions they might reach.

How Section 316 Affects Legal Cases

Section 316 changes how criminal cases are handled in court by influencing what both sides—those trying to prove the crime happened (the prosecutors) and those defending against the crime (the defense lawyers)—do.

1. How Prosecutors Use Section 316

• Proving Trust and Dishonesty: Prosecutors (the lawyers who try to prove someone did something wrong) must show two important things:
  • Trust: They must show that the person accused was trusted with something valuable, like money or property.
  • Dishonesty: They also need to prove that this person misused that trust on purpose to benefit themselves.
• Using Clear Examples: Section 316 gives examples and rules that prosecutors can use to show exactly how someone broke the law. For example, if a government worker uses money meant for a school to buy something for themselves, prosecutors can use the rules in Section 316 to show this is wrong.
• Focusing on Roles: The new rules give different punishments depending on the person’s job (like a public servant, agent, or banker). Prosecutors will use this information to ask for a fitting punishment based on how much power or responsibility the person had.

2. How Defense Lawyers Use Section 316

• Challenging the Trust: Defense lawyers (the lawyers who try to prove someone didn’t do something wrong) might argue that their client was not actually “trusted” with the property or money. They may say there was no clear agreement or that their client wasn’t really in charge of what happened to the money or property.
• Disputing Dishonesty: Defense lawyers may also argue that their client did not act dishonestly. They might say that any mistake was accidental and not done on purpose to cheat or steal.
• Arguing for Lesser Punishments: If the person accused has a smaller role, like a clerk or assistant, the defense might ask for a lighter punishment, saying that their client wasn’t the main person responsible for the crime.

Role of Lawyers and Judges

Section 316 also affects how lawyers and judges do their jobs in these cases.

1. Role of Lawyers

• Understanding the Law: Lawyers need to understand Section 316 very well to make strong arguments. Prosecutors use it to prove the crime happened, while defense lawyers use it to find weaknesses in the case against their client.
• Handling Complex Cases: Lawyers use Section 316 to work through complicated cases where many people might be involved. They figure out who was trusted with what and whether anyone acted dishonestly.
• Advising Clients: Lawyers explain Section 316 to their clients, helping them understand their rights and what might happen if they are found guilty.

2. Role of Judges

• Making Fair Decisions: Judges use Section 316 to decide if someone is guilty of criminal breach of trust. They look at all the facts and evidence to see if the accused person did something wrong on purpose.
• Setting Examples for Future Cases: When judges make decisions, they create examples that other judges can use in future cases. This helps make sure that similar cases are handled in the same way.
• Deciding on Punishments: Judges use Section 316 to figure out the right punishment based on the person’s job and how serious their actions were. They consider things like how much money was involved and whether the person acted on purpose to hurt someone or benefit themselves.

Conclusion

Section 316 of the BNS is a rule that helps keep everyone honest and fair. It tells people like government workers, bankers, and helpers what they should and should not do with money or things they are trusted with. If someone breaks these rules, they can get in trouble. This section makes sure that people who are trusted to take care of things do their jobs properly and don’t cheat. It helps keep things fair and safe for everyone!

Frequently Asked Questions (FAQs) About Section 316 of the BNS

Q1. What is Section 316 of the Bharatiya Nyaya Sanhita (BNS)?

Ans1. Section 316 of the BNS deals with the crime of criminal breach of trust. It explains what happens when someone is trusted with money or property and uses it dishonestly for their own benefit. It sets out who can be punished under this law, such as public servants, agents, clerks, and bankers, and outlines the penalties they may face.

Q2. How does Section 316 differ from the old Indian Penal Code (IPC) rules?

Ans2. Section 316 of the BNS provides clearer definitions and examples of what constitutes a breach of trust compared to the old IPC rules. It specifies different penalties depending on the person’s role (like a government worker or a banker) and offers more precise guidelines to ensure fair treatment.

Q3. What penalties can be given under Section 316 for criminal breach of trust?

Ans3. Penalties under Section 316 may include jail time (from a few months to life imprisonment, depending on the offence’s seriousness) and/or fines (varying based on the amount of money or property misused). In some cases, both jail time and fines are given.

Q4. Who can be punished under Section 316 of the BNS?

Ans4. Section 316 applies to anyone who is trusted with property or money and misuses it. This includes:

• Public servants (like government workers).
• Employers (who manage employee funds).
• Agents (who handle property or money for others).
• Clerks (who manage records and finances).
• Bankers and other financial professionals.

Q5. What must be proven in court to convict someone under Section 316?

Ans5. To convict someone under Section 316, prosecutors must prove two key elements:

1. Entrustment: The person was trusted with money or property.
2. Dishonesty: The person intentionally misused this trust to gain something for themselves or cause loss to someone else.

Q6. Can a person face both civil and criminal charges for a breach of trust?

Ans6. Yes, a person can face both civil charges (if there is a contract or agreement violation) and criminal charges under Section 316 if there is evidence of dishonesty or misuse of entrusted money or property.

Q7. How do courts decide punishments under Section 316?

Ans7. Courts decide punishments based on the person’s role, the amount of money or property involved, and whether the misuse was intentional or accidental. Judges use Section 316 to ensure the punishment matches the crime’s severity.

Q8. Why is Section 316 important?

Ans8. Section 316 is important because it protects trust between people, businesses, and the government. It ensures that anyone entrusted with money or valuable property must use it properly, or they will face penalties. This helps promote honesty and fairness in society.

Q9. What should someone do if they are accused under Section 316?

Ans9. If someone is accused under Section 316, they should seek legal advice immediately. A lawyer can help them understand their rights, the evidence required, and possible defenses in court.

Q10. How does Section 316 help maintain public trust?

Ans10. By clearly defining what counts as a criminal breach of trust and setting strict penalties, Section 316 ensures that people in trusted positions—like public servants, bankers, and agents—are held accountable for their actions. This helps maintain public confidence in fairness and honesty.

Q11. What is BNS 316?

Ans11. BNS 316 covers criminal breach of trust of the Receiving of Stolen Property in the Bharatiya Nyaya Sanhita (BNS 2003).

Q12. What does Section 316 Criminal Breach of Trust mean?

Ans12. Anyone found guilty of a criminal breach of trust involving property that they were in any way entrusted with, or had dominion over, while serving as a public servant or conducting business as a banker, merchant, factor, broker, attorney, or agent faces imprisonment for 5 years or Fine or both.

Q13. Punishment for Section 316 of BNS?

Ans13. Punishment under section 316 of BNS can vary by its severity: 

• A maximum punishment of five years imprisonment for a case involving criminal breach of trust accompanied by a fine or both.
• People who have positions of trust like government employees, bankers, merchants and brokers among others will be punished more severely compared to others accused. Hence these offenders are liable to pay an additional life term or at least ten years imprisonment.
• A clerk or servant accused for the offence of criminal breach of trust can be awarded up to seven years jail term together with penalties.

Q14. Section 316 of BNS is Part of which chapter in Bharatiya Nyaya Sanhita 2023?

Ans14. Section 316 of the Bharatiya Nyaya Sanhita (BNS) 2023 is part of Chapter 17, which deals with offences against property. This section defines the offence of criminal breach of trust.

Q15. What is Section 316 of the BNS?

Ans15. Section 316 of BNS contains punishment regarding criminal breach of trust of the of Stolen Property.

Q16. Which section deals with the crime of stealing property?

Ans16. Section 316 of BNS deals with it, when someone is trusted with something valuable, like money or property, and they use it dishonestly, this section punishes them for a maximum of 5-10 years of jail or some penalties or both. 

Q17. Which IPC is similar to BNS 316?

Ans17. Section 406 – 409 of IPC is similar to Section 16 of BNS. Both of them deal with the breach of trust but BNS has few new changes.