Section 405
Criminal breach of trust
of Penal Code
Whoever, being in any manner entrusted with property, or with any dominion over property -
(a)
dishonestly misappropriates or converts to his own use that property;
(b)
dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust; or
(c)
wilfully suffers any other person so to do.
commits criminal breach of trust.
Illus frat ions
(a)
A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.
(b)
A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach oftrust.
(c)
A, residing in Brunei Darussalam, is agent for Z, residing at Kuala Belait. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A according to T s direction. Z remits $10.000 to A, with directions to invest the same in land. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust.
(d)
But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for T s advantage to hold in a local company, disobeys Z's directions, and buys shares in the local company for Z, instead of buying land, here, though Z should suffer loss, and should be entitled to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e)
A, a Magistrate or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the
Government, to pay into a certain treasury all the public money which he holds.
A dishonestly appropriates the money. A has committed criminal breach of trust.
03
A, a carrier, is entrusted by Z with property to be carried by land or by water.
A dishonestly misappropriates the property. A has committed criminal breach of trust.
Penal Code
CAP. 22 177
a