IPC Section 209
IPC Section 209 – Definition
Text of Section 209 (simplified):
"Whoever, being bound by law to support or provide for a person, or to take care of property, misappropriates, or allows the property to be wasted or misused, shall be punished under this section."
Detailed Explanation
Nature of Offense:
Section 209 deals with criminal breach of trust by a public servant or by anyone entrusted with property or authority.
It is concerned with situations where someone fails in their duty of care and the property or interest of another person suffers as a result.
Who Can Be Liable:
Any person who:
Has lawful responsibility over someone’s property or person.
Is legally bound to provide maintenance or support (like a guardian).
Examples include:
A guardian of a minor.
A trustee of property.
An official in charge of public funds.
Elements of the Offense:
To constitute an offense under Section 209, the following elements must be present:
Entrustment: The accused must have been entrusted with property or authority by law.
Duty of Care: The accused must have a legal duty to take care of that property or support the person.
Negligence or Misappropriation: The accused either:
Misuses the property, or
Allows the property to be misused or wasted.
Intention: Usually, it involves dishonest intention, but even gross negligence in certain contexts can attract liability.
Punishment:
The law provides punishment for criminal breach of trust or neglect of duty.
If convicted, the person can face imprisonment and/or fine, depending on the severity of the misappropriation.
Example Situations
A guardian of a minor spends the child’s money on personal luxuries instead of the child’s needs.
A trustee entrusted with property of a temple misuses the funds for personal benefit.
An official responsible for public funds allows embezzlement due to negligence.
Key Points to Remember
This section is mainly about abuse of trust and duty.
It emphasizes both intentional misuse and gross neglect.
The law ensures that people entrusted with others’ property or care are legally accountable.
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