Criminal breach of trust
(Section 406 of the I.P.C.)

If the woman has given her streedhan or other property to her husband/in-laws for safekeeping, they are merely trustees. They are bound to return the same when demanded by her.

If they misappropriate or dispose of the property, or convert it to their own use.

They commit the offence of criminal breach of trust, and can be prosecuted for the same.

Punishment

Imprisonment upto 3 years/fine/ or both

Criminal breach of trust is cognizable, non-bailable and non-compoundable (compoundable if the value of the property is Rs250/- or less, by the owner of the property with the permission of the court.)

Triable by:

Metropolitan Magistrate/ Judicial Magistrate First class

Who can file a complaint?

Anyone can file a F.I.R in the police station.

What should the woman do?
  • The woman should file a complaint of criminal breach of trust against her husband/in-laws in the police station / the Magistrate Court.
  • The list of the presents prepared at the time of the marriage will be useful here.
  • The offence is a continuing one. Limitation will be counted afresh each time a demand for the property is made by a woman.