IPC 405 → BNS 316(1): Breach of Trust Def

Quick Summary: IPC 405 vs BNS 316(1)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 405 (Breach of Trust Def) 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 breach of trust def as BNS 316(1).

What did IPC 405 cover?

IPC 405 dealt with breach of trust def — definition of 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(1): What changed in the new law?

Consolidated definition. From 1 July 2024, new complaints relating to breach of trust def are filed under BNS Section 316(1), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 316(1)

N/A - Definition

Practical implications for advocates, police & citizens

• Advocates: For breach of trust def, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 316(1) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new breach of trust def FIR cites BNS 316(1).
• Law students & citizens: With breach of trust def, value, the manner of taking and any force used determine which property offence applies and how serious it is.