Looking For a Lawyer: Suing for Breach of Trust
Ram and Rama law Company will provide you with a brief description of Breach of Trust, the most common Indian offence. The Criminal lawyers in Jaipur, Federal Law Number 3 of 1987, prohibits fraud and breach of confidence within India. Breach of trust is a typical situation where the employee or another partner is affected by a trusted employee or business partner who takes advantage of their status.
Article 404 of the Criminal Law criminalises violation of confidence as follows: 'Shall face punishment by way of imprisonment or a fine, whoever embezzles, uses sums, bills or any mobile property to the detriment of the owner of the mobile property involved is handed over to him by way of deposit, lease, promise, consumer loan or proxy.
In applying this clause, the joint owner of the land, the officer on the land of the involved owner and whoever obtained anything to be used in a particular matter for the benefit of his owner or others shall be considered to be a proxy. "It is assumed that they hold the joint owners of the immovable property in trust and that any violation of this clause will permit them to do so.
However, the incarceration or fine sentence shall be at the court's discretion, depending on the severity of the crime and its categorisation. Courts are liberalised in order to enforce any punishment to prevent citizens from committing such offence. Nonetheless, breach of confidence is often referred to as a misdemeanour for which a fine of not more than AED 30,000 is levied, along with a maximum period of imprisonment of three years. Moreover, sometimes the term fraud is confused with a breach of confidence and used interchangeably.
However, while both words represent the dishonesty of the accused, the law varies as it specifies the circumstances under Article 399 of the law which can be regarded as a fraud as follows: Whoever succeeds in appropriating, for himself or for others, movable property, a deed or a signature thereon, the cancellation, destruction or alteration of it by deceitful means or the use of the false name or ability, shall be sentenced to the same penalty when this leads to the victim being deceived and given away, whoever disposes of an immovable or immovable shall be sentenced to imprisonment or a fine.
If the object of the offence is the property or a deed belonging to the State or the tone of the bodies referred to in Article (5), this shall constitute an aggravating situation. An attempt shall be punishable by imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand Dirham.
New Technology New Punishment In the above cases, if the accused has used an electronic device in any case, he may be charged under India Cybercrime Law, Federal Law No. 5 of 2012. As opposed to the Criminal Code, the Cybercrime Legislation provides stringent penalties for similar offences. If: deliberately using a fraudulent document; forging a document through electronic means; using technical means to acquire property illegally; improper means of accessing bank accounts electronically; fraudulent use of the computer system, a criminal report can be registered.
Some common causes of breach of trust include unauthorised access to the employer's client information, accounting reports or banking data to move money frequently. However, the India civil law scheme also requires victims to launch civil action in order to obtain compensation for the harm they have caused. The plaintiff can pursue both cases concurrently or can lodge a criminal complaint and can proceed with the civil case to seek sufficient damages after obtaining a favourable judgement.
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