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Aditya Pandey   09 September 2024

Criminal breach of trust

1.      

Amit, a small-scale contractor, was acquitted of theft charges  in the month of march after being accused of stealing building materials from a construction site where he was working. During the trial, the court found insufficient evidence to convict Amit, and he was cleared of all charges. However, a few weeks ago, a new investigation was launched by the authorities, accusing Amit of criminal breach of trust, claiming he had misappropriated funds from the same project. This new charge was filed under the new laws.

He says that the new charges are essentially based on the same set of facts and transactions from the previous case, and thus, trying him again. He argues that being acquitted of the theft should prevent the authorities from prosecuting him for another offense linked to the same business deal. Is charging him under the laws valid as previously he was charged under the old ones? Is there any right that Ravi can prove is being violated?  How can he prove that the new charges are truly different from the original ones, and what factors influence?



Learning

 1 Replies

Saloni Pande   09 September 2024

The charges being valid can be determined by the whether there is a distinction between criminal breach of trust and the charges of theft. Misappropriation or conversion of property entrusted   to someone is criminal breach of trust while unlawful taking of property is theft. Under the law both the charges may have arise from same set of facts but they constitue different offences under the law.

By invoking the principle of double jeopardy Amit can argue that the new charges of breach of trust are based on the previous allegation, this is enshrined under the Art. 20(2) of the Constitution of India. This fundamental still prevails even under the new law as the BNS have replaced the IPC which aims to modernize the justice system and ensure speedy trial.  

The elements of Criminal breach of trust are present is what the court will examine as they are significantly different from theft. The new charges will be valid if the prosecution can prove that Amit’s actions involves a separate breach of trust. The evidences that weren’t presented in the previous trial maybe presented in the court. However if the evidences were merely a rehash then it could strengthen the defence of Double Jeopardy for Amit. There will be scrutinizing of the timing of the new charges and the jurisdiction under which they have filed. It could be viewed unfavorable by the court, if the new charges are seen as an attempt to avoid the previous acquittal. To quash the new charges he can file petition in the higher court as well as he can ask for a detailed examination of the new evidences to ensure it is not a repetition of the older facts.

 


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