State of Gujarat v Jaswantlal Nathalal (1968)

BNS · Offences Against Property

Facts.

The question was whether a transaction (a sale of cement) amounted to “entrustment” for criminal breach of trust.

Issue.

What is “entrustment” under s.405 (now s.316)?

Held.

Entrustment requires that property be handed over for a specific purpose, creating a trust or obligation to deal with it in a particular way. A simple sale, transferring ownership, is not entrustment — so there can be no breach of trust.



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