Need help on 406

Go through these judgements and see also S. 4 and 6 of Dowry prohibition act 1961

Madhusudan Vs. Kishor Chand    [1988]1 SCC [cri.] 854....

Partibha Rani 1985 Cr. L.J Page no.817

thanks for the post Mahesh Sonawane,

I could only see Sec4 and 6 under Dowry Prohibition act when I googled it but nothing for 406.

But this doesnt seem relevant to my question, i have already the sec4 and 6.

I dont understand what is this "Madhusudan Vs. Kishor Chand    [1988]1 SCC [cri.] 854....

Partibha Rani 1985 Cr. L.J Page no.817"

Could you please give me the link to see the pages.

Or let me know what are the key points to be included when submitting a Strong case with All women police station under Section 406.

generic won't work much, bank accounts, locker detail transactions etc. will help.

you haven't mentioned much details. but as you have approached a lawyer, it will be best to proceed under PWDVA Act 2005. this 498a/406/34 etc. even the cops will file. for that you don't need a lawyer.

https://indiankanoon.org/doc/1684706/

IPC 406 is for punishing the offender.

Section 406. Punishment for criminal breach of trust

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

Supreme Court of India

Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr on 14 December, 2007

However, before undertaking this exercise it would be

apposite to briefly note the essential ingredients of Sections 406 and 498A I.P.C.

16. According to Section 405 I.P.C., the offence of criminal breach of trust is committed when a person who

is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or

converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law

prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied,

made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission

of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of

an obligation in relation to the property over which dominion or control is acquired by the accused. The

second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the

obligation created. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )

dont make any false statements just to harrass the other side. Criminal law is not meant for such things. its an advise to be cautious, in ur own interest.

Averments and allegations in the complaint must be specific. Nothing else required. Judgments will help at the time of final arguments only. Evidence in support of you allegations also play vital role.

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186, +919352444446

as nikhil has said be specific, agree with him on other points also. make it streedhan not shreedhan, just another small point..