Section 316 to 326 of BNSS : Section 316 to 326

Explanation using Example

Example 1:

Scenario: Criminal Breach of Trust by a Public Servant

Situation: Ramesh, a government officer, is entrusted with funds to be used for a public welfare project. Instead of using the funds for the project, he diverts a significant portion to his personal bank account.

Applicable Section: Section 316 (5)

Offence: Criminal breach of trust by a public servant.

Punishment: Imprisonment for 10 years, or imprisonment for life, and fine.

Cognizable or Non-cognizable: Cognizable

Bailable or Non-bailable: Non-bailable

By what Court triable: Magistrate of the first class

Explanation: Ramesh's actions constitute a serious breach of trust as he misused public funds for personal gain. This is a cognizable and non-bailable offence, meaning the police can arrest him without a warrant, and he cannot be easily released on bail.

Example 2:

Scenario: Cheating and Dishonestly Inducing Delivery of Property

Situation: Priya convinces her friend, Anjali, to invest in a fake business scheme by promising high returns. Anjali transfers ₹5 lakhs to Priya, who then disappears with the money.

Applicable Section: Section 318 (4)

Offence: Cheating and dishonestly inducing delivery of property.

Punishment: Imprisonment for 7 years and fine.

Cognizable or Non-cognizable: Cognizable

Bailable or Non-bailable: Non-bailable

By what Court triable: Magistrate of the first class

Explanation: Priya's act of deceiving Anjali to transfer money under false pretenses is a serious offence. The police can arrest Priya without a warrant, and she cannot be easily released on bail.

Example 3:

Scenario: Mischief Causing Significant Property Damage

Situation: During a protest, Raj damages several government vehicles, causing a loss of ₹1.5 lakhs.

Applicable Section: Section 324 (5)

Offence: Mischief causing loss or damage to the amount of one lakh rupees or upwards.

Punishment: Imprisonment for 5 years, or fine, or both.

Cognizable or Non-cognizable: Cognizable

Bailable or Non-bailable: Bailable

By what Court triable: Magistrate of the first class

Explanation: Raj's actions result in significant property damage, making it a serious offence. The police can arrest him without a warrant, but he may be released on bail.

Example 4:

Scenario: Dishonestly Receiving Stolen Property

Situation: Sunil buys a stolen laptop from a local market, knowing it was stolen during a burglary.

Applicable Section: Section 317 (2)

Offence: Dishonestly receiving stolen property knowing it to be stolen.

Punishment: Imprisonment for 3 years, or fine, or both.

Cognizable or Non-cognizable: Cognizable

Bailable or Non-bailable: Non-bailable

By what Court triable: Any Magistrate

Explanation: Sunil's act of knowingly purchasing stolen property is a criminal offence. The police can arrest him without a warrant, and he cannot be easily released on bail.

Example 5:

Scenario: Mischief by Fire with Intent to Cause Damage

Situation: During a dispute, Vikram sets fire to his neighbor's warehouse, causing extensive damage.

Applicable Section: Section 326 (f)

Offence: Mischief by fire or explosive substance with intent to cause damage.

Punishment: Imprisonment for 7 years and fine.

Cognizable or Non-cognizable: Cognizable

Bailable or Non-bailable: Bailable

By what Court triable: Magistrate of the first class

Explanation: Vikram's deliberate act of setting fire to the warehouse is a serious offence. The police can arrest him without a warrant, but he may be released on bail.