Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
Contents

Long Title

Chapter I — PRELIMINARY

Chapter II — GENERAL EXPLANATIONS

Chapter III — PUNISHMENTS

Chapter IV — GENERAL EXCEPTIONS

Right of private defence

Chapter V — ABETMENT

Chapter VA — CRIMINAL CONSPIRACY

Chapter VI — OFFENCES AGAINST THE STATE

Chapter VIA — PIRACY

Chapter VIB — GENOCIDE

Chapter VII — OFFENCES RELATING TO THE ARMED FORCES

Chapter VIII — OFFENCES RELATING TO UNLAWFUL ASSEMBLY

Chapter IX — OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Chapter X — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Chapter XI — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Chapter XII — OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

Chapter XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES

Chapter XIV — OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

Chapter XV — OFFENCES RELATING TO RELIGION OR RACE

Chapter XVI — OFFENCES AFFECTING THE HUMAN BODY

Offences affecting life

Causing miscarriage; injuries to unborn children; exposure of infants; and concealment of births

Hurt

Wrongful restraint and wrongful confinement

Criminal force and assault

Kidnapping, abduction, slavery and forced labour

Sexual offences

Chapter XVII — OFFENCES AGAINST PROPERTY

Theft

Extortion

Robbery and gang-robbery

Criminal misappropriation of property

Criminal breach of trust

Receiving stolen property

Cheating

Fraudulent deeds and dispositions of property

Mischief

Criminal trespass

Chapter XVIII — OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES

Currency notes and bank notes

Chapter XX — OFFENCES RELATING TO MARRIAGE

Chapter XXI — DEFAMATION

Chapter XXII — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Chapter XXIII — ATTEMPTS TO COMMIT OFFENCES

Legislative Source Key

Legislative History

 
Slider
Left Corner
Previous | Next Print   Link to In-Force Version
On 22/07/2014, you requested the version as published on or before 22/07/2014.
Slider
Criminal breach of trust
Criminal breach of trust
405.  Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person to do so, commits “criminal breach of trust”.
Illustrations
(a)
A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.
(b)
A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed breach of trust.
(c)
A, residing in Singapore, is agent for Z, residing in Penang. There is an express or implied contract between A and Z that all sums remitted by Z to A shall be invested by A according to Z’s direction. Z remits $5,000 to A, with directions to A to invest the same in Government securities. A dishonestly disobeys the direction, and employs the money in his own business. A has committed criminal breach of trust.
(d)
But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank X, disobeys Z’s directions, and buys shares in the Bank X for Z, instead of buying Government securities, here, though Z should suffer loss and should be entitled to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e)
A, a collector of Government money, or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f)
A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
[51/2007]
[Indian PC 1860, s. 405]
Punishment of criminal breach of trust
406.  Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 406]
Criminal breach of trust by carrier, etc.
407.  Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 407]
Criminal breach of trust by clerk or servant
408.  Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 408]
Criminal breach of trust by public servant, or by banker, merchant, or agent
409.  Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant, or in the way of his business as a banker, a merchant, a factor, a broker, an attorney or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 409]