Section 407 IPC: Criminal breach of trust by carrier, etc.

Indian Penal Code, 1860

Section 407 IPC at a Glance

Section 407 IPC deals with criminal breach of trust by carrier, etc. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 316(3) BNS.

Punishment

Imprisonment of either description for a term which may extend to seven years.

Non-Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 316(3) →

Section 407 IPC Bare Act Text

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.

Source: Section 407, Indian Penal Code, 1860

Section 407 IPC in Simple Words

Section 407 of the Indian Penal Code (IPC) punishes criminal breach of trust committed by a carrier, wharfinger, or warehouse-keeper. Whoever, being entrusted with property in any of these specific capacities, commits criminal breach of trust in respect of such property is punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

The First Schedule to the Code of Criminal Procedure, 1973 classifies the offence as cognizable, non-bailable, and triable by a Magistrate of the first class. The offence is compoundable without court permission by the owner of the property under Section 320(1) CrPC.

Ingredients of Section 407 IPC

  • Entrustment of property to the accused in the capacity of a carrier, wharfinger, or warehouse-keeper
  • Dishonest misappropriation of that property or dishonest conversion of it to the offender's own use
  • 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
  • The commission of criminal breach of trust in respect of the entrusted property

Punishment Under Section 407 IPC

Imprisonment

Imprisonment of either description for a term which may extend to seven years.

Fine

Liable to fine; the section does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

Criminal breach of trust by a carrier, wharfinger, or warehouse-keeper carries imprisonment of either description up to seven years and liability to fine.

Example of Section 407 IPC

In 2017, Nitin, a spice grower in Kochi, entrusted forty sacks of cardamom to Baldev, a road transport carrier, under a contract to transport the consignment by truck and deliver it to a wholesale buyer in Bengaluru. During the journey, Baldev stopped at a highway mandi, dishonestly sold fifteen sacks of the cardamom to a private broker, and kept the money for his own use. Because Baldev was entrusted with the cardamom in his capacity as a carrier and committed criminal breach of trust by dishonestly converting part of the cargo, Baldev is punishable under Section 407 IPC.

When Section 407 IPC Does Not Apply

  • The person entrusted with the property was not acting as a carrier, wharfinger, or warehouse-keeper.
  • The carrier, wharfinger, or warehouse-keeper handled and delivered the goods faithfully according to the contract of entrustment.
  • The consignment was lost or spoiled due to an accident or carelessness without any dishonest misappropriation or conversion.
  • The warehouse-keeper or carrier retained the goods in good faith under a lawful claim for unpaid freight or storage charges.

Section 407 IPC in the BNS

Section 407 IPC is now covered under Section 316(3) BNS.

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(3) 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.

View detailed comparison (IPC 407 vs BNS 316(3)) →

FAQs on Section 407 IPC

What does Section 407 IPC punish?▼

Section 407 IPC punishes whoever, being entrusted with property as a carrier, wharfinger, or warehouse-keeper, commits criminal breach of trust in respect of that property.

What is the punishment under Section 407 IPC?▼

The punishment under Section 407 IPC is imprisonment of either description for a term which may extend to seven years, and the offender shall also be liable to fine.

Is Section 407 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 407 IPC is cognizable and non-bailable, and it is triable by a Magistrate of the first class.

Can an offence under Section 407 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, an offence under Section 407 IPC is compoundable by the owner of the property in respect of which the breach of trust was committed, without requiring the permission of the court.

Who falls within the special categories named in Section 407 IPC?▼

Section 407 IPC applies specifically to persons entrusted with property in the professional capacity of a carrier for transport, a wharfinger at a dock or port, or a warehouse-keeper for storage.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·