A is charged with criminal breach of trust in respect of property entrusted to him as a carrier Sect...........

Code of Criminal Procedure (CrPC) 1973 Charge

A is charged with criminal breach of trust in respect of property entrusted to him as a carrier (Section 407). However, from the facts of the case, it is clear that he committed criminal breach of trust u/s. 406 but property was not entrusted to him as a carrier. In this case –

A may be convicted for criminal breach of trust under section 406

A may be convicted for criminal breach of trust under section 407

Either (a) or (b)

Both (a) or (b)

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Explanation:

Illustration a to Section 222 of Code of Criminal Procedure –
222. When offence proved included in offence charged.
Illustrations- (a) A is charged under section 407 of the Indian Penal Code (45 of 1860) with criminal breach of trust in respect of property entrusted to him as a carrier It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier He may be convicted of criminal breach of trust under the said section 406.