Section 252: Prohibition of criminal breach of trust

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1) No person shall commit, or cause to be committed, criminal breach of trust.

2) For the purposes of sub-section (1), a person who does any of the following acts shall be considered to commit, or cause the commission of, criminal breach of trust:

(a) To dishonestly appropriate or otherwise convert to his or her own use other’s property which is under his or her custody or protection or to dishonestly appropriate such property in his or her own use, or allow such property to be used by, or dispose, or cause the disposal, of such property to, another person, in violation of any contract, deed of conditions or law concerning the use of such property,

(b) To cause any loss, damage or injury by a person, who is entrusted with responsibility or has lawful duty of doing any work or transaction of another person or who acts as an agent of another in relation to any work or transaction, to that other person by doing any act in violation of his or her duty with the intention of causing benefit to himself or herself or anyone else.

3) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to the following sentence:

(a) A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees, in the case of the commission of criminal breach of trust by a person in the capacity of manager, director, employee or agent of any organization or by a person entrusted with the responsibility of carrying a property from one place to another or keeping it safely in a warehouse or any other place or with a legal duty to do so,

(b) A sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both the sentences, in the case of the commission of criminal breach of trust by any person other than that set forth in clause (a).

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