Question

Distinguish between criminal misappropriation and criminal breach of trust

Answer 1

minal 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 a movable property only.

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

4. In Criminal misappropriation, there is no contracted relationship.

5. A breach of trust is not included in Criminal misappropriation

6. In Criminal misappropriation, the property is innocently acquired, often casually and by chance but by a sub­sequent change of intention of retaining it becomes wrongful and fraudulent.

7. Punishment is two years imprisonment and/or fine.

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 movableimmovable property.3. In Criminal breach of trust, there is the conversion of property held in a fiduciary character.4. In Criminal breach of trust, there is a contractual relationship of the offender with regard to the property which he holds subject to some duty or obligation to apply it according to the trust.5. A breach of trust includes Criminal misappropriation.6. In Criminal breach of trust, the property is lawfully acquired or acquired with the consent of the owner, but dishonestly misappro­priated by the person to whom it is entrusted.7. Punishment is three years imprisonment and/or fine