1. Charge Sheet

If the evidence collected against the accused is sufficient to support prosecution before a court of law and justify their continued detention, the police will file a charge sheet under Section 173 of the CrPC and, according to Section 170, send the accused under the custody of the Magistrate.

A charge sheet includes the following details:

• Names of involved parties
• The nature of accusations
• Witness lists
• Statements recorded under Section 161 of the CrPC
• Whether an offence was committed and by whom
• Arrest details
• Objects seized
• Other documentary evidence for prosecution

Once the Magistrate takes cognizance, they may issue summons or warrants for the accused's appearance. At the hearing, the Magistrate may discharge the accused, close the case, or frame charges and proceed to trial.

2. Plea of Guilty or Not Guilty

Once charges are framed, the accused is asked whether they plead guilty or not guilty. If they plead guilty, the Magistrate can convict them, but the plea must be voluntary. If the accused denies the charges and claims trial, the case will proceed to trial.

3. Evidence for Prosecution

On the designated date, the prosecution presents evidence to prove the accused’s guilt. This may include oral and documentary evidence, and witnesses are called to testify and may be cross-examined by the defense.

4. Statement of the Accused

After the prosecution concludes, the accused is given an opportunity to explain the evidence against them, as per Section 313 of the CrPC. This statement can be used against the accused later if necessary, though it is not taken under oath.

5. Evidence for Defence

The accused may present their defense, including oral or documentary evidence. The prosecution can call witnesses to challenge the defense's version of events.

6. Final Arguments

After evidence is presented, both the prosecution and the defense present their final arguments. The prosecution argues first, followed by the defense, as per Section 314 of the CrPC.

7. Judgment

After considering the evidence and arguments, the judge will deliver the judgment. If the accused is found guilty, they will be convicted; if not, they will be acquitted. In case of conviction, both sides will be heard regarding the sentence.

8. Appeal Process under Section 406, IPC

The right to appeal is governed by CrPC. An appeal is typically filed against a conviction, but certain restrictions apply:

• An appeal is a creature of statute, and there is no inherent right to appeal.
• No appeal is allowed for petty cases or for convictions based on a plea of guilt.
• Under Section 372, the victim may appeal in certain circumstances such as an acquittal or a lesser conviction.
• The accused may appeal to higher courts, including the Sessions Court, High Court, or Supreme Court, depending on the nature of the case.

Specific sections of the CrPC, such as Section 265G, Section 375, and Section 376, outline situations where no appeal can be filed.

1. Can a Police Officer Make an Arrest Under Section 406, IPC Without a Warrant?

Yes, since the offence of 'punishment for criminal breach of trust' under Section 406, IPC is a cognizable offence, a police officer can arrest a person suspected to have committed such an offence without a warrant from the Court (a warrant is a Court-order authorising a police officer to carry out an arrest).

2. Is the Offence Under Section 406, IPC Bailable?

No, the offence under Section 406, IPC is not bailable.

3. How to Get Bail If Charged Under Section 406, IPC?

The severity of the offence under Section 406, IPC is so significant that it has been characterized as a non-bailable offence.

To get bail in such cases, the accused needs to have strong reasons. Depending on where the case is at, the accused can apply for regular bail after being arrested or ideally apply for anticipatory bail before being arrested. The court will look at factors like the accused's past, their social status, the reason for committing the crime, and the police report. If all these elements support the accused, bail may be granted. It is advisable to seek assistance from an experienced criminal lawyer in such cases.

4. Types of Bail

Regular Bail

• To apply for regular bail when wrongfully accused under Section 406 IPC, the alleged accused will have to submit an application for bail in the court of the Area Magistrate.
• The court will send summons to the other party and fix a date for the hearing.
• On the date of hearing, the court will hear arguments from both sides and deliver a decision based on the facts and circumstances of the case.

Anticipatory Bail

• If the accused fears arrest under Section 406, IPC, they can file an anticipatory bail application with the help of a criminal lawyer.
• The lawyer will file the anticipatory bail application in the appropriate court along with a vakalatnama (authorization document).
• The court will notify a public prosecutor about the anticipatory bail application and ask them to file objections, if any.
• The court will set a date for hearing and after hearing the arguments, will give a judgment based on the facts and circumstances of the case.

5. Is the Offence Under Section 406, IPC Compoundable?

The offence under Section 406, IPC is compoundable, meaning that the law allows a compromise between the victim and the offender.

However, as per Section 320, CrPC, such an offence may only be compounded by the victim (the owner of the property in which the breach of trust occurred), with the permission of the Court where the prosecution is pending.

6. Why Do You Need a Lawyer for a Case Under Section 406, IPC?

Facing criminal charges, whether serious or minor, is a significant matter that can lead to consequences such as imprisonment, heavy fines, and social repercussions like damage to reputation. It is important to seek guidance from a qualified criminal lawyer who can advise on your rights and work towards the best possible outcome for your case.

A qualified criminal lawyer can help you understand the charges, your rights before and after arrest, available defences, potential plea bargains, and post-trial expectations. It is advisable to prepare a timeline of events to effectively brief the lawyer and collaborate in formulating a trial strategy. In cases related to Section 406 of the IPC, having legal representation is especially valuable.

You may also refer to LawRato’s Criminal Law Guide for more information and explore a comprehensive list of all sections under the Indian Penal Code (IPC) to understand Indian law better.