Section 409 IPC is applicable when a person is 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, merchant,
factor, broker, attorney or agent, and then he commits criminal breach of trust in respect of that property.
In the case of your friend, he has misappropriated property belonging to a private person. So, merely because your friend is a public servant (being employee of a state Government), would not mean that such property was entrusted to him in his capacity as a public servant, which would have attracted offence under Section 409 IPC.
However, it will still have to checked as to whether your friend was entrusted with such property in his capacity as an attorney (power of attorney) or in his capacity as an agent of such private person. If yes, in that case Section 409 IPC may still be applicable in such situation.
Otherwise, only offence under Section 405 IPC would be applicable in his case, and offence under Section 409 IPC would not be applicable.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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