IPC 406 → BNS 316: Criminal Breach of Trust

Quick Summary: IPC 406 vs BNS 316

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 406 (Criminal Breach of Trust) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering criminal breach of trust as BNS 316.

What did IPC 406 cover?

IPC 406 dealt with criminal breach of trust — punishment for criminal breach of trust. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 316: What changed in the new law?

Enhanced for public servants. From 1 July 2024, new complaints relating to criminal breach of trust are filed under BNS Section 316, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 316

Same - Up to 3 years or fine or both

Practical implications for advocates, police & citizens

• Advocates: For criminal breach of trust, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 316 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new criminal breach of trust FIR cites BNS 316.
• Law students & citizens: With criminal breach of trust, value, the manner of taking and any force used determine which property offence applies and how serious it is.