IPC 408 → BNS 316(4): Breach of Trust (Clerk)

Quick Summary: IPC 408 vs BNS 316(4)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 408 (Breach of Trust (Clerk)) 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 (clerk) as BNS 316(4).

What did IPC 408 cover?

IPC 408 dealt with breach of trust (clerk) — criminal breach of trust by clerk or servant. 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(4): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to breach of trust (clerk) are filed under BNS Section 316(4), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 316(4)

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For breach of trust (clerk), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 316(4) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new breach of trust (clerk) FIR cites BNS 316(4).
• Law students & citizens: With breach of trust (clerk), value, the manner of taking and any force used determine which property offence applies and how serious it is.