Question

Difference between criminal misappropriation and criminal breach of trust

Answer 1

Answer:

Criminal Misappropriation:

1. In Criminal misappropriation, the property comes into the possession of the offender directly by some casualty or otherwise, and he afterwards misappropriates it.

2. In Criminal misappropriation the subject matter is movable property only.

3. In Criminal misappropriation there is the conversion of property coming into posses­sion of the offender any law.

Criminal Breach of Trust:

1. In the case of Criminal breach of trust the offender is lawfully entrusted with the property and he dishonestly misappropriates the same, or wilfully suffers any other person to do, instead of discharging the trust attached to it.

2. In Criminal breach of trust, the subject matter may be movable or immovable property.

3. In Criminal breach of trust, there is the conversion of property held in a fiduciary character.

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Answer 2

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Criminal misappropriation takes place when the possession has been innocently come by, but where, by a subsequent change of intention, or the knowledge of new fact with which the party was not previously acquainted, the retaining becomes wrongful and fraudulent.

Criminal Breach of Trust is an offence that requires entrustment of any movable or immovable property which has been misappropriated by the accused and converted to his own use or disposed of dishonestly. Malicious intent is an important factor to commit this offence.