Amit (LEGAL OFFICER) 07 July 2008
IF AN EX-EMPLOYEE INDUSES THE OTHER EMPOYEE OF THE COMPANY (IN WHICH HE USE TO WORK) CAN CONVICT UNDER THE CRIMINAL BREACH OF TRUST?
E.g. Mr. A USED TO WORK IN “PQR PVT.LTD.” BUT LEFT THE COMPANY AND NOW HE IS INDUSING Mr. B TO GIVE HIM SOME (WHICH MAY OR MAY NOT BE CONFIDENTIAL) INFORMATION. SO IN THIS CASE CAN “PQR” CAOMPANY CONVICT Mr. A UNDER CRIMINAL BREACH OF TRUST?? AND IF NOT THEN WHAT ACTION CAN BE TAKEN AGINST HIM???
podicheti.srinivas (advocate/legal consultant) 07 July 2008
b is liable for criminal breach of trust , if he obliges A and gives the information whether confidential or not.. A can be booked for abatement of the said offence.But not for criminal breach of trust as he is no more an employee of you
K.C.Suresh (Advocate) 08 July 2008
Dear Amit,
To constitute an offence of criminal breach of trust U/s 406 IPC, it is essential that the accused was entrusted with some property or with dominion or power over it. It has to established further that in respect of the property so entrusted, there was dishonest misappropriation or dishonest conversion or dishonest use or disposal in violation of a direction of law or legal contract by the accused himself or by someone else which he willingly suffered to do. In your case what property was entrusted. An information is not a property. At the most you can say the ex-employee cheated the ex-employer. But the ingriedents of S.420 IPC (cheating) is not suit ing to your case. There is an implied contract between the employee and employer that the employee will protect the interest of the company even after he retires from there. Inducing to extract an information is irregular not illegal. With regards Adv. K.C. Suresh
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