IPC 409 to BNS 316(5): Criminal breach of trust by public servant, or by banker, merchant or agent
Section 409 IPC (1860) replaced by Section 316(5) BNS (2023)
IPC 409 to BNS 316(5) at a Glance
Section 409 IPC (Criminal breach of trust by public servant, or by banker, merchant or agent) is now Section 316(5) 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 409 to BNS 316(5)?
Section 409 IPC corresponds to Section 316(5) BNS. Section 316(5) BNS reproduces the text and penalties of Section 409 IPC without substantive change, providing imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine. The provision is consolidated into Section 316 BNS as its fifth sub-section, retaining all the specified professional and public capacities.
IPC 409 vs BNS 316(5): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 409 | 316(5) |
| Offence | Criminal breach of trust by public servant, or by banker, merchant or agent | Same |
| Punishment | Imprisonment for life, or imprisonment of either description for a term which may extend to ten years. | Same |
| Fine | The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 409 and BNS 316(5): Bare Act Text Side by Side
Section 409, IPC 1860
Section 316(5), BNS 2023
Ingredients: IPC 409 vs BNS 316(5)
- The accused was in any manner entrusted with property, or with any dominion over property
- The entrustment was in the capacity of a public servant, or in the way of business as a banker, merchant, factor, broker, attorney or agent
- The accused committed criminal breach of trust in respect of that property
- Entrustment of property or dominion over property to a public servant or commercial agent in that capacity
- Commission of criminal breach of trust in respect of the entrusted property
- Punishment under Section 316(5) BNS of imprisonment for life, or imprisonment of either description up to ten years, and liability to fine
What IPC 409 to BNS 316(5) Means for Pending Cases
FAQs: IPC 409 to BNS 316(5)
What changed from Section 409 IPC to Section 316(5) BNS?▼
Section 316(5) BNS re-enacts Section 409 IPC without change in substance. The statutory capacities, the requirement of entrustment, and the penalties of imprisonment for life or up to ten years with liability to fine are preserved.
Where does Section 409 IPC sit in the Bharatiya Nyaya Sanhita?▼
Section 409 IPC is located at Section 316(5) BNS, in Chapter XVII, Of Offences Against Property.
Does Section 409 IPC or Section 316(5) BNS apply to an act done before 1 July 2024?▼
Section 409 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 409 IPC. Section 316(5) 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 ·