IPC 407→BNS 316(3)

IPC 407 to BNS 316(3): Criminal breach of trust by carrier, etc.

Section 407 IPC (1860) replaced by Section 316(3) BNS (2023)

View IPC Section 407 →View BNS Section 316(3) →

IPC 407 to BNS 316(3) at a Glance

Section 407 IPC (Criminal breach of trust by carrier, etc) is now Section 316(3) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 407 to BNS 316(3)?

Section 407 IPC corresponds to Section 316(3) BNS. Section 316(3) BNS reproduces the offence and its punishment without substantive change, providing imprisonment of either description for a term which may extend to seven years and liability to fine. The provision is consolidated into Section 316 BNS as the third sub-section, sitting beneath the general definition in Section 316(1) BNS and the general punishment in Section 316(2) BNS.

IPC 407 vs BNS 316(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section407316(3)
OffenceCriminal breach of trust by carrier, etc.Same
PunishmentImprisonment of either description for a term which may extend to seven years.Same
FineLiable to fine; the section does not prescribe a mandatory fine or fix a maximum amount.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableCompoundableSame
Triable ByMagistrate of the first classSame

IPC 407 and BNS 316(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 407, IPC 1860

407. Criminal breach of trust by carrier, etc.—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 imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNS 2023 (in force)

Section 316(3), BNS 2023

(3) 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 imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Ingredients: IPC 407 vs BNS 316(3)

Under IPC 407
  1. Entrustment of property to the accused in the capacity of a carrier, wharfinger, or warehouse-keeper
  2. Dishonest misappropriation of that property or dishonest conversion of it to the offender's own use
  3. Dishonest use or disposal of the property in violation of any direction of law prescribing the mode of discharging the trust, or of any legal contract touching its discharge, or wilfully suffering another to do so
  4. The commission of criminal breach of trust in respect of the entrusted property
Under BNS 316(3)
  1. Entrustment of property to a carrier, wharfinger, or warehouse-keeper in that capacity
  2. Dishonest misappropriation, conversion, or disposal of the property
  3. Punishment of imprisonment of either description up to seven years and liability to fine under Section 316(3) BNS

What IPC 407 to BNS 316(3) Means for Pending Cases

For Section 407 IPC (now Section 316(3) BNS): under Section 316(3) BNS, the offence and punishment for criminal breach of trust by a carrier, wharfinger, or warehouse-keeper remain unchanged, so charges for conduct committed under the new Sanhita cite Section 316(3) BNS and apply the same statutory elements as before.

FAQs: IPC 407 to BNS 316(3)

What changed from Section 407 IPC to Section 316(3) BNS?▼

Section 316(3) BNS re-enacts Section 407 IPC without substantive change. The statutory ingredients, the maximum punishment of seven years imprisonment of either description, and discretionary liability to fine are retained within the consolidated structure of Section 316 BNS.

Where does Section 407 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 407 IPC is located at Section 316(3) BNS, under Chapter XVII, Of Offences Against Property.

Does Section 407 IPC or Section 316(3) BNS apply to an act done before 1 July 2024?▼

Section 407 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 407 IPC. Section 316(3) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·