Criminal Breach of Trust Under the BNS (Section 316): IPC 406 Mapping (2026)
What criminal breach of trust means under Section 316 of the Bharatiya Nyaya Sanhita, 2023, how it maps to Sections 405 and 406 of the old IPC, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Criminal breach of trust is an offence under Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It is committed when a person entrusted with property dishonestly misappropriates or misuses it. It replaces Section 405 of the old IPC (the definition) and Sections 406 to 409 (the punishments). The basic punishment is imprisonment of up to five years, or fine, or both. Last verified October 2026.
- What it is: criminal breach of trust, the dishonest misuse of property lawfully entrusted to you, under BNS Section 316.
- Old law: IPC Section 405 (definition) and Sections 406 to 409 (punishments).
- Punishment: general offence up to five years and/or fine; up to seven years for a clerk, servant, carrier or warehousekeeper; life or up to ten years for a public servant, banker or agent.
- Classification: cognizable and non-bailable, triable by a Magistrate of the first class.
01The problem this section answers
Many business and personal dealings rest on trust. You hand money, goods, or records to an employee, an agent, a partner, a banker, or a contractor, on the understanding that they will use it for a set purpose. The wrong happens when that person keeps it, spends it, or diverts it for their own benefit.
This is different from theft, where there was never any lawful handover, and different from plain cheating, where the deception comes at the start. In criminal breach of trust the property was handed over honestly, and the dishonesty comes later, when the trust is broken.
02What BNS Section 316 covers
Section 316 of the BNS defines and punishes criminal breach of trust. Two ingredients must be shown.
- Entrustment: the accused was entrusted with property, or with any dominion over property. This can be money, goods, documents, or control over them.
- Dishonest misappropriation: the accused then dishonestly misappropriated or converted the property to his own use, or dishonestly used or disposed of it against the terms of the trust, or let someone else do so.
Entrustment is the key
The lawful handover is what sets this offence apart. If there was never any entrustment, the right charge may be theft under Section 303 of the BNS. If the deception existed from the start, it may be cheating under Section 318. Pleading the facts under the correct head matters.
Section 316 also sets higher punishments for people in positions of special trust. These cover a carrier, wharfinger or warehousekeeper (316(3)), a clerk or servant (316(4)), and a public servant or a banker, merchant, factor, broker, attorney or agent (316(5)).
03IPC 405 and 406 to BNS 316 mapping
The old Indian Penal Code spread this offence across five sections. The BNS gathers the definition and the graded punishments into one section, Section 316.
| Old law (IPC, 1860) | New law (BNS, 2023) | What it does |
|---|---|---|
| Section 405 | Section 316(1) | Defines criminal breach of trust |
| Section 406 | Section 316(2) | Punishment, general |
| Section 407 | Section 316(3) | By a carrier, wharfinger or warehousekeeper |
| Section 408 | Section 316(4) | By a clerk or servant |
| Section 409 | Section 316(5) | By a public servant, banker, merchant, agent, etc. |
So the search term "section 406 IPC in BNS" points to Section 316(2). For the full renumbering, see our IPC to BNS section mapping. For the related fraud offences, see cheating under BNS Section 318.
04Punishment, cognizable and bailable
The punishment depends on who held the trust.
| Who committed it | Section | Maximum punishment |
|---|---|---|
| Any person (general) | 316(2) | Up to 5 years, or fine, or both |
| Carrier, wharfinger, warehousekeeper | 316(3) | Up to 7 years and fine |
| Clerk or servant | 316(4) | Up to 7 years and fine |
| Public servant, banker, merchant, factor, broker, attorney or agent | 316(5) | Life, or up to 10 years, and fine |
- Cognizable or not: cognizable, so the police can register and investigate without a magistrate’s order.
- Bailable or not: non-bailable, so bail is at the discretion of the court.
- Triable by: Magistrate of the first class.
05What changed from the old law
The elements are carried over from old IPC Section 405 almost unchanged. The main change is the general punishment. Under old IPC Section 406, criminal breach of trust was punishable with imprisonment of up to three years, or fine, or both. Under BNS Section 316(2), the maximum goes up to five years.
The offence is the same breach of a lawful trust. The general sentence rises from a three year ceiling to five.
The aggravated forms for carriers, clerks and servants, public servants, bankers and agents stay severe, carrying up to seven years or, for the most serious category, imprisonment for life or up to ten years. A case for an act before 1 July 2024 continues under the IPC, while a complaint for an act on or after that date uses BNS Section 316.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Criminal breach of trust cases are charged and litigated across trial courts, High Courts and the Supreme Court, and they often run in parallel with civil recovery and bail proceedings. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can follow a live matter and get cause lists and WhatsApp and email alerts before each hearing. To search this offence across the court system, start with case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 316: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read by the courts, so check the current text and take advice from counsel on your own facts.
08Frequently asked questions
What is Section 316 of the BNS?
Section 316 of the Bharatiya Nyaya Sanhita, 2023 is the offence of criminal breach of trust. It punishes a person entrusted with property who dishonestly misappropriates it, converts it to his own use, or misuses it against the terms of the trust.
Which IPC section is now BNS Section 316?
BNS Section 316 replaces Sections 405 to 409 of the Indian Penal Code. Section 405 defined the offence and Sections 406 to 409 set the punishments. The general punishment that was Section 406 is now Section 316(2).
What is the punishment for criminal breach of trust under the BNS?
The general punishment under Section 316(2) is imprisonment up to five years, or fine, or both. It rises to seven years for a clerk, servant, carrier or warehousekeeper, and to life or up to ten years for a public servant, banker, merchant or agent.
Is criminal breach of trust a bailable offence?
It is treated as a cognizable and non-bailable offence, triable by a Magistrate of the first class. Confirm the position against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita and any state amendment.
What is the difference between criminal breach of trust and cheating?
In criminal breach of trust the property is handed over lawfully and the dishonesty comes later, when the trust is broken. In cheating the deception exists from the start. They are generally not charged together on the same facts.
Can I find criminal breach of trust cases in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. It helps you research and follow matters, but it does not give legal advice.