Indian Penal Code, 1860
Section 407
repealedCriminal breach of trust by carrier, etc.
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 of either description for a term which may extend to seven years, and shall also be liable to fine.
Why this exists
This section recognizes that carriers, wharfingers, and warehouse-keepers hold a special position of trust because customers have little ability to supervise their goods once handed over for transport or storage. Because misuse in such professional custodial roles can cause serious commercial harm, the law imposes a stricter punishment than the general breach of trust offence. Under the Bharatiya Nyaya Sanhita, 2023, this corresponds to Section 316(3).
How courts read it
Courts require proof of the specific professional relationship, that the accused was acting as a carrier, wharfinger, or warehouse-keeper, in addition to the standard elements of entrustment and dishonest misappropriation. This distinguishes it from the general offence in Section 406.
Common misconceptions
- Myth: This section applies to any employee who mishandles goods.
Fact: It specifically applies to persons entrusted with property in their professional capacity as a carrier, wharfinger, or warehouse-keeper.