IPC 406 BNS Equivalent: New Section and What Changed

What Changed From IPC 406 to BNS 316(2)?

Section 406 IPC corresponds to Section 316(2) BNS. Section 316(2) BNS raises the maximum term of imprisonment of either description from three years under Section 406 IPC to five years, while retaining fine as an alternative or additional punishment. In addition, Section 316 BNS consolidates the definition of criminal breach of trust and its four distinct punishing provisions into a single section with five sub-sections.

IPC 406 vs BNS 316(2): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	406	316(2)
Offence	Punishment for criminal breach of trust	Same
Punishment	Imprisonment of either description for a term which may extend to three years.	Imprisonment of either description for a term which may extend to five years.
Fine	Fine, or imprisonment, or both.	Same
Bail	Non-Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Compoundable	Same
Triable By	Magistrate of the first class	Same

IPC 406 and BNS 316(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 406, IPC 1860

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 three years, or with fine, or with both.

BNS 2023 (in force)

Section 316(2), BNS 2023

(2) Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Ingredients: IPC 406 vs BNS 316(2)

Under IPC 406

Entrustment of property or dominion over property to the accused
Dishonest misappropriation of that property or conversion of it to the accused's own use
Dishonest use or disposal of the property in violation of any direction of law prescribing the mode of discharge of such trust, or of any legal contract touching its discharge, or wilfully suffering any other person to do so
The commission of criminal breach of trust as defined in Section 405 IPC

Under BNS 316(2)

Committing criminal breach of trust in respect of entrusted property
Punishment of imprisonment of either description extending up to five years, or fine, or both under Section 316(2) BNS

What IPC 406 to BNS 316(2) Means for Pending Cases

For Section 406 IPC (now Section 316(2) BNS): under Section 316(2) BNS, the maximum sentence of imprisonment for criminal breach of trust is raised from three years to five years, while fine remains an alternative or additional penalty. Charges for conduct committed under the new Sanhita cite Section 316(2) BNS and carry the higher five-year maximum sentence.

FAQs: IPC 406 to BNS 316(2)

What changed from Section 406 IPC to Section 316(2) BNS?▼

Section 316(2) BNS increases the maximum sentence of imprisonment for criminal breach of trust from three years under Section 406 IPC to five years. The option of imposing a fine either in lieu of or in addition to imprisonment is retained, and the underlying definition is now located in Section 316(1) BNS.

Where does Section 406 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 406 IPC is located at Section 316(2) BNS, under Chapter XVII, Of Offences Against Property.

Does Section 406 IPC or Section 316(2) BNS apply to an act done before 1 July 2024?▼

Section 406 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 406 IPC. Section 316(2) BNS governs acts done on or after 1 July 2024.

IPC 406 to BNS 316(2): Punishment for criminal breach of trust

IPC 406 to BNS 316(2) at a Glance