Criminal Breach of Trust: Section 406 PPC

The section, as retrieved

406. Punishment for criminal breach of trust: Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Pakistan Penal Code — Chapter XVII, Section 406. Retrieved from the corpus indexed by FAI Legal Research Assistant.

Retrieved via full-text search of the indexed Pakistan Penal Code. The corpus flags this text as unverified for currency or amendment — see the caution below before relying on it.

What this means

Section 406 is the general punishment for criminal breach of trust — up to seven years' imprisonment, a fine, or both. The offence itself is defined in Section 405, in the same Chapter: it applies where a person, entrusted with property or with dominion over property, dishonestly misappropriates or converts it to their own use, or disposes of it contrary to a legal contract or direction governing that trust. Section 406 is the baseline punishment; the Chapter also carries aggravated forms — breach of trust by a public servant, banker, agent, or carrier — each punished more heavily under later sections.

The distinction from theft matters in practice: theft is taking property out of someone else's possession without consent, while criminal breach of trust involves property the accused was already entrusted with, lawfully, before misusing it.

What this page does not cover

• The definition of criminal breach of trust itself (Section 405) and its explanations.
• Aggravated forms — by a public servant, banker, or agent — carrying heavier sentences under later sections of the same Chapter.
• The distinction from cheating (Section 420) and theft (Section 379), which are separate offences with different elements.
• Amendments made after this text was indexed.

Frequently asked

How is criminal breach of trust different from theft?

Theft is taking property without the owner's consent. Criminal breach of trust involves property the accused was lawfully entrusted with, which they then dishonestly misappropriate or misuse — the property came into their hands legitimately before the offence occurred.

Does Section 406 cover breach of trust by a bank employee or public servant?

Section 406 is the general provision. Breach of trust by a public servant, banker, or certain other agents carries a heavier punishment under separate, later sections of the same Chapter, not reproduced on this page.