• slideshow_img1.jpg
  • slideshow_img2.jpg
  • slideshow_img3.jpg
  • slideshow_img4.jpg
  • slideshow_img5.jpg
  • slideshow_img6.jpg
  • slideshow_img7.jpg
  • slideshow_img8.jpg
  • slideshow_img9.jpg
  • slideshow_img12.jpg
406 Criminal Offences PDF Print Email

 

The provision of Sections 406 IPC relate to the offence of a Criminal misappropriation of property entrusted to someone. In the event of any property having been entrusted to someone and the same having been misappropriated or converted to its own use, the person concerned is liable for punishment under the said provision. If there is no specific allegation in the FIR about the amount of Streedhan/ the list of things misappropriated by the person, there would not be any charge of 406. 406 is a cognizable bailable offence. Like dowry act which is congnizable bailable offence (that is true DP Act is Bailable). When it gets coupled with 498a or any other section of IPC which is non-bailable, we see confusion. Let me try to clear the same as best as I can.

Cognizance refers to judicial notice: the right of trying or considering a case judicially, the exercise of jurisdiction. When we say some section is congnizable, it means that Police Officer can take cognizance and bring the thing to the notice of the court. You would see that in certain crimes, it is clearly mentioned that No Officer below the rank of DSP/ DCP can take cognizance of the said crime.

Bail is some form of property deposited or pledged to a court/ Police Authority in order to persuade it to release a suspect from confinement, on the understanding that the suspect will return for trial/ Co-operate with authority or forfeit the bail.

Now, see the offences are of three types:

Non-Congnizable/ Bailable: Here the Police cannot take cognizance of a crime and start investigation except with the permission of court. All non-cognizable offences are Bailable. That is if someone has been taken in preventive custody, he is not kept in lock up overnight and if someone is ready to give his surety, he would be released with a condition that he would be available for questioning or would co-operate with Police for investigations. 506 is one such crime.

Cognizable/ Bailable: Here the Police can take cognizance of a crime and start investigation without the permission of court. And if needed they can take a person in custody, but they can not kept him in lock up overnight and if someone is ready to give his surety, he would be released with a condition that he would be available for questioning or would co-operate with Police for investigations. 406/ DP Act are such crimes. The Police itself have the authority to grant bail in such offences.

Cognizable/ Non-Bailable: Here the Police can take cognizance of a crime and start investigation without the permission of court. And if needed they can take a person in custody. The crime being non-bailable, the bail has to be granted by Court only.

Here is what should happen in plain 406. The Police would ask the person to come to the Police Station/ take them to the place where misappropriated property is supposed to be for recovery, but they would grant bail eventually.

Now, we must see what happens in most practical purposes. See any FIR and you would see that a person is booked under multiple sections. Atleast one or two of them are cognizable offences, Police proceeds and takes the person in custody, produces the person to Magistrate with a reprot that the accused is not co-operating in recovery and hence Police Remand was necessary. The key word is non-co-operation with Police. Thus bail was not granted by the concerned Police Officer. Admission on bail has always a pre-condition that the accused would co-operate with Police/ Authorities/ Court.

Further, what happens in 498a/406. Both are cognizable offences, and one of them is non-bailable. The Bail is opposed on two fronts. One it being non-bailable, second, the person is not co-operating in recovery of misappropriated property.

But, it is a misconception that the girl can take away anything which she claims to be stridhan, dowry items. The Police has an authority to remove the things from your place (cognizance on oral evidence of the girl). But the things would not be handed over to the girl just like that. The same would be deposited in the Maal-Khana (Strong Room) of the Police and the girl would have to get the things to be handed over to her by the permission of the court. This process is called Superdaari (Handing over).

The law is very clear on this. The Supreme Court has rightly held in many judgments that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted.

That means that the girl would have to claim the things from the court by way of proving that it belongs to her. Anything, on whose ownership, you don't dispute would be handed over to the girl. Anything for which she can show that she is the right claimant (by way of tax paid bills) would be hers. Anything for which you can show that you are the rightful owner (by way of tax paid bills) would be yours. Rest of the items would be decided on merit and circumstantial evidence. That can be way of photographs, video and oral evidence.

Stridhan refers to the property given to the bride at the time of marriage from groom side. Thus only those items which you gave as a gift to the bride at the time of marriage is Stridhan. Not everything she ever wore is part of Stridhan. (Another Supreme Court Ruling)

In a way come to think of it, if your lovely 498a wife has run away with the jewellary, your father/ mother can file a case of 406 against her for misappropriation of property entrusted upon her. Your Mother/ Father can claim that jewellary given to her was not part of Stridhan but lent to wear on certain festival/ ceremony. But if you think she would be put in jail with you and you would continue coochi-cooing like before. Sorry, plain 406 is cognizable/ bailable offence

 

 

Geeta and Sanjay had arranged marriage for the last five years with their two toddler..readmore