Bail for Criminal Breach of Trust: 406 & 409 IPC (Now Section 316 & 317, BNS)

Criminal breach of trust under Section 406, IPC (now Section 316, Bharatiya Nyaya Sanhita / BNS) is a non-bailable offence. Bail is not automatic — the accused must apply to the court, and the court decides.

Section 409, IPC (now Section 317, BNS) is the aggravated form: it applies when the accused is a public servant, banker, carrier, or merchant entrusted with property. The punishment is heavier, and courts treat bail applications in these cases with greater scrutiny.

Is 406 or 409 IPC Bailable?

No. Both offences are non-bailable. The accused has no automatic right to bail — it is entirely at the court’s discretion.

Which Court Do You Approach for Bail?

For both offences, the first court to approach is the Sessions Court. If bail is refused there, the accused or family can move the High Court. The bail application under the BNSS (formerly the CrPC) can be made at either level — confirm the applicable provision with your lawyer.

What Does the Court Look At?

• The amount of money or value of property alleged to have been misappropriated
• Whether the accused is a flight risk
• Risk of tampering with evidence or influencing witnesses
• The accused’s criminal antecedents
• Whether a charge sheet has been filed yet

Quick Facts

• Offence (general): Section 316, BNS (formerly Section 406, IPC) — non-bailable
• Offence (aggravated): Section 317, BNS (formerly Section 409, IPC) — non-bailable, harsher punishment
• First court for bail: Sessions Court
• Next step if refused: High Court
• Right to bail: No — court’s discretion applies

If someone you know has been arrested under 406 or 409 IPC, time matters. Connect with a vetted bail lawyer through Rihai before the first hearing.