Section 407 of Indian Penal Code, 1860 – Explained!

Legal Provisions of Section 407 of Indian Penal Code, 1860.

Criminal breach of trust by carrier, etc:

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Criminal breach of trust by a carrier, wharfinger or warehouse-­keeper has been punished under this section. The section states that whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. Criminal breach of trust by a carrier, wharfinger and warehouse-keeper is treated to be much more serious and, therefore, more severe punishment for the same has been prescribed by this section.

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A carrier is a person who undertakes to transport the goods of another person from one place to another for hire. A wharfinger is a person who owns or keeps a wharf, which is a broad plain place, near some creek or haven, to lay goods and wares on that are brought to or from the water. A warehouse-keeper is a person who keeps a warehouse, which is a house to deposit or keep wares in. Since the above- mentioned persons are remunerated for a particular period for a specific task, the law takes a serious note of criminal breach of trust by them.

The offence under section 407 is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and permission is given by the court trying the case, and is triable by magistrate of the first class.

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