Penalty Info

Home / India / Criminal breach of trust and misappropriation

Criminal breach of trust and misappropriationPossibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

§ 314 — dishonest misappropriation of movable propertyPossibly — unconfirmed

Imprisonment
6 months–2 years
Fine
Fine (amount not stated in section)

Minimum 6 months is stated in the section.

§ 315 — dishonest misappropriation of property possessed by a deceased person at deathPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 2 years
Fine
Fine (amount not stated in section)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Figure reported from secondary summaries; re-check against BNS text.

§ 316(2) — criminal breach of trust, generalPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 5 years
Fine
Fine (amount not stated in section)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 316(3) — breach of trust by carrier, wharfinger or warehouse-keeperPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 7 years
Fine
Fine (amount not stated in section)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 316(4) — breach of trust by clerk or servantPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 7 years
Fine
Fine (amount not stated in section)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 316(5) — breach of trust by public servant, banker, merchant, factor, broker, attorney or agentPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 10 years or life
Fine
Fine (amount not stated in section)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Source

Statute
Bharatiya Nyaya Sanhita, 2023 §§ 314–316
Official source
AapTaxLaw reproductions of BNS text (not India Code)
Verification status
India Code could not be read directly; §§ 314 and 316 corroborated from two independent reproductions; § 315 rests on a single secondary summary and needs re-check against India Code.
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, judicial discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.