N.K.Assumi (Advocate) 15 December 2009
A Government servant was entrusted with a Tata vehicle for performing Official duty. While so entrusted, he used the vehicle fo carrying his building materials for construction of his own building. Does the act amount to criminal Breach of trust under section 409 of the IPC?
R.R. KRISHNAA (Legal Manager) 15 December 2009
Carrying out some personal work during official duties would not deem it an offence to call it a criminal breach of trust. In my opinion it is not an offence. But since the person has done some personal work during the official duty hours (on duty), certainly a departmental action can be taken or a warning can be issued.
Arvind Singh Chauhan (advocate) 15 December 2009
Yes. but not for 409 but for 406 IPC.
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