IPC Section 401
IPC Section 401 – Punishment for dishonest concealment of property
Section 401 IPC deals with the offence of dishonestly retaining or concealing property that has been entrusted to someone.
Key Points:
Who is liable?
Any person who dishonestly retains or conceals property that has been legally entrusted to them.
This applies when the property does not belong to them, but they receive it lawfully (e.g., as a deposit, loan, or entrusted item).
Nature of the offence
The person may:
Refuse to deliver the property to the lawful owner
Conceal or hide the property to prevent the owner from recovering it
Punishment
Imprisonment up to 3 months, or
Fine, or
Both.
Difference from Criminal Breach of Trust (Sec. 405 IPC)
Sec. 401 applies to minor cases of dishonest retention or concealment.
Sec. 405/406 covers serious criminal breach of trust, often with higher penalties.
Examples
A person borrows a watch from a friend and refuses to return it, hiding it instead.
Punishable under Sec. 401 IPC.
A shopkeeper conceals deposited goods given for sale, intending to keep them.
Liable under Section 401 IPC.
Purpose of Section 401 IPC
To protect property that is entrusted to someone temporarily.
To prevent dishonest concealment, even in minor cases, before it escalates to serious criminal breach of trust.
Conclusion
Section 401 IPC punishes anyone who dishonestly retains or conceals property entrusted to them, with imprisonment up to 3 months, fine, or both.
Focus is on minor cases of dishonesty regarding entrusted property, often a preliminary step before more serious offences under Sections 405/406 IPC.
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