What is the BNS Section 316 equivalent in the old IPC?

BNS Section 316 directly corresponds to legacy IPC Section 405. It consolidates the statutory definition and updated penalties under the Bharatiya Nyaya Sanhita 2023.

Is Section 316 BNS bailable or non-bailable?

Section 316 BNS is classified as: Non-bailable (Bail can only be granted by the Judiciary). In bailable matters, bail is a matter of statutory right before the police or magistrate, whereas in non-bailable offences, bail is at judicial discretion under BNSS.

What is the punishment and imprisonment under BNS Section 316?

The prescribed statutory penalty under Section 316 BNS is: Imprisonment for 5 years,or fine, or both.class. Sentences are subject to judicial trial assessment and aggravating/mitigating circumstances.

Is an offence under Section 316 BNS cognizable (arrest without warrant)?

The offence under Section 316 BNS is: Cognizable (Police can arrest without warrant). In cognizable offences, police officers have the authority to register an FIR and initiate an investigation directly.

Which court has jurisdiction to try cases under Section 316 BNS?

Cases under Section 316 BNS are triable by: Magistrate of the first class under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What is the primary objective and citizen takeaway of Section 316 BNS?

Section 316 BNS deals with '(1) Criminal breach of trust'. It establishes clear criminal liability, modern evidentiary thresholds, and proportionality in sentencing under India's modernized penal framework.

BNS Section 316

BNS Section 316: (1) Criminal breach of trust

Equivalent Legacy Law: IPC Section 405

💡 Simplified Explanation

BNS Section 316 deals with the legal rules and penalties for CRIMINAL BREACH OF TRUST. In simple terms: Taking property or money that was trusted to you (like in a job or business partnership) and dishonestly using it for your own benefit.

Real-World Scenario

"Giving your gold ring to a jeweler to get it polished, but the jeweler sells it instead of returning it."

⚖️ Procedural Classification Summary

Criminal breach of trust

Bailable: Non-bailable (Bail can only be granted by the Judiciary)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Magistrate of the first class

Punishment: Imprisonment for 5 years,or fine, or both.class

Criminal breach of trust by

Bailable: Non-bailable (Bail can only be granted by the Judiciary)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Magistrate of the first class

Punishment: Imprisonment for 7 yearsa carrier, wharfinger, etc.and fine.class

Criminal breach of trust by

Bailable: Non-bailable (Bail can only be granted by the Judiciary)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Magistrate of the first class

Punishment: Imprisonment for 7 yearsa clerk or servant.and fine.class

Criminal breach of trust by

Bailable: Non-bailable (Bail can only be granted by the Judiciary)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Magistrate of the first class

Punishment: Imprisonment for life, orpublic servant or by banker,imprisonment for 10 yearsclass. merchant or agent, etc.and fine

📜 Official Statutory Provision

Definition presented in BNS as a sub-section. 316 (2) Punishment for criminal breach of trust. 406 IPC Section is included as sub-section in BNS sans heading. The upper limit of the imprisonment is increased from three years to five years. 316 (3) Criminal breach of trust by carrier, etc. 407 Section is included as sub-section in BNS sans heading. 316 (4) Criminal breach of trust by clerk or servant. 408 Ditto. 316 (5) Criminal breach of trust by public servant, or by banker, merchant or agent. 409 Ditto.

Bail Status Guide Is Section 316 Bailable? → Sentencing Guide Jail Term & Fine Details →