Section 462 IPC: Punishment for same offence when committed by person entrusted with custody
Indian Penal Code, 1860
Section 462 IPC at a Glance
Section 462 IPC deals with punishment for same offence when committed by person entrusted with custody. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 334(2) BNS.
Imprisonment of either description for a term which may extend to three years
Section 462 IPC Bare Act Text
462. Punishment for same offence when committed by person entrusted with custody
Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Source: Section 462, Indian Penal Code, 1860
Section 462 IPC in Simple Words
Section 462 of the Indian Penal Code (IPC) punishes a person who is entrusted with a closed receptacle that contains property or is believed to contain property, and who, without authority to open it, breaks open or unfastens that receptacle dishonestly or with intent to commit mischief. The offence carries imprisonment of either description for a term extending up to three years, or fine, or both.
This provision addresses the same core conduct as Section 461 IPC but carries an enhanced penalty because the offender occupied a position of trust. Dishonestly requires an intent to cause wrongful gain or wrongful loss under Section 24 IPC, while mischief is defined under Section 425 IPC.
The contents need not be removed.
Ingredients of Section 462 IPC
- The accused was entrusted with a closed receptacle
- The receptacle contained property, or the accused believed it to contain property
- The accused had no authority to open that receptacle
- The accused broke open or unfastened the receptacle dishonestly or with intent to commit mischief
Punishment Under Section 462 IPC
Imprisonment of either description for a term which may extend to three years
The court may impose a fine instead of imprisonment, or both. The statute does not fix a maximum fine.
Dishonestly breaking open or unfastening a closed receptacle by a person entrusted with its custody without authority carries imprisonment of either description up to three years, or fine, or both.
Example of Section 462 IPC
When Section 462 IPC Does Not Apply
- The person entrusted with custody of the closed receptacle had lawful authority to open it.
- The closed receptacle was broken open or unfastened by someone who had not been entrusted with its custody, which is punishable under Section 461 IPC.
- The custodian opened the closed receptacle without dishonest intent and without any intention to commit mischief.
- The receptacle contained no property and the custodian did not believe that it contained property.
- The custodian dishonestly misappropriated entrusted goods that were not kept inside a closed receptacle, which may fall under Section 405 IPC.
Section 462 IPC in the BNS
Section 462 IPC is now covered under Section 334(2) BNS.
Sections 461 and 462 IPC are consolidated in Section 334(2) BNS. Section 462 IPC corresponds to Section 334(2) BNS. The statutory elements, the term of imprisonment of either description up to three years, and the option of fine or both remain unchanged.
View detailed comparison (IPC 462 vs BNS 334(2)) →FAQs on Section 462 IPC
What does Section 462 IPC provide?▼
Section 462 IPC punishes any person entrusted with a closed receptacle containing or believed to contain property who, without authority, breaks it open or unfastens it dishonestly or with intent to commit mischief.
What is the punishment under Section 462 IPC?▼
A person convicted under Section 462 IPC may be sentenced to imprisonment of either description for a term extending up to three years, or with fine, or with both.
Is an offence under Section 462 IPC bailable?▼
Yes. The First Schedule to the Code of Criminal Procedure classifies Section 462 IPC as cognizable and bailable, allowing the accused to seek release on bail as a matter of right. In contrast, Section 461 IPC is classified as non-bailable.
Which court tries an offence under Section 462 IPC?▼
An offence under Section 462 IPC is triable by any Magistrate.
Can an offence under Section 462 IPC be compounded?▼
No. Section 462 IPC is not included in Section 320 CrPC, which means it cannot be compounded under any circumstances.
Is physical breakage required to commit an offence under Section 462 IPC?▼
No. The section covers unfastening as well as breaking open. If a custodian uses a duplicate key or picks the lock without authority, the act satisfies the statutory requirement even if no physical damage occurs.
How does Section 462 IPC relate to Section 461 IPC?▼
Both provisions penalise the unauthorised opening of closed receptacles. Section 461 IPC applies to any person and carries up to two years imprisonment, whereas Section 462 IPC specifically punishes a trusted custodian and carries up to three years imprisonment.
Where is Section 462 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 334(2) BNS, under Chapter XVII, Of Offences Against Property.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·