Basis

Criminal Breach of Trust

Criminal Misappropriation

Section

Section 316, BNS defines Criminal Breach of Trust.

Section 314, BNS defines dishonest misappropriation of property.

Meaning

Property is entrusted to a person, who dishonestly misuses, converts, or disposes of it in violation of law or a contract.

A person dishonestly takes or converts movable property belonging to another without any entrustment.

Essential Elements

Entrustment of property is mandatory.

Entrustment is not required.

Nature of Possession

The accused initially has lawful possession because the property was entrusted to them.

The accused comes into possession of the property otherwise than by entrustment.

Wrongful Act

Dishonest misuses or conversion of entrusted property.

Dishonest conversion or use of another's movable property for one's own benefit.

Relationship

Usually involves a fiduciary or special relationship such as employer-employee, trustee-beneficiary, banker-customer or agent-principle.

No special relationship is necessary.

Type of Property

May apply to entrusted property.

Generally, relates to movable property

Example

A cashier is entrusted with ₹1 Lakh for deposit but uses it for personal expenses.

A person finds another's wallet and dishonestly keeps the money instead of attempting to return it.