Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the offense of criminal breach of trust. Key points about this section:
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- It consolidates all the provisions related to criminal breach of trust that were previously spread across Sections 406 to 409 in the Indian Penal Code (IPC)
- The punishment for criminal breach of trust has been increased from a maximum of 3 years imprisonment under IPC to imprisonment for a term which may extend to 5 years under BNS.
- The emphasis on imprisonment has increased, as BNS makes criminal breach of trust punishable with imprisonment along with fine, as opposed to imprisonment or fine or both under IPC.
- The new provision aims to provide stronger deterrence and punishment for those who violate the trust placed in them, whether it be by public servants, bankers, merchants, agents, directors, partners, lawyers, or other professionals.
In summary, Section 316 BNS consolidates and strengthens the law against criminal breach of trust compared to the previous IPC provisions, reflecting the importance placed on safeguarding trust in various relationships and transactions in society.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
