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Under section 409 IPC, **criminal breach of trust by a public servant or by a banker, merchant or agent** carries the maximum punishment of:
A{'text': 'Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine', 'label': 'A'}
B{'text': 'Imprisonment of either description for a term which may extend to three years, with or without fine, in every case under the section', 'label': 'B'}
C{'text': 'Simple imprisonment for a term which may extend to two years, with or without fine, in every case under the section', 'label': 'C'}
D{'text': 'Rigorous imprisonment for a term not less than seven years and not more than fourteen years, plus mandatory fine in every case', 'label': 'D'}
Answer & Solution
Correct answer: A. {'text': 'Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine', 'label': 'A'}
1. Section 409 IPC enhances the punishment for criminal breach of trust when the trust is reposed in a public servant, banker, merchant, factor, broker, attorney or agent.
2. The maximum punishment is **imprisonment for life, or imprisonment of either description for a term which may extend to ten years**, plus fine.
3. The enhanced punishment reflects the special trust the public reposes in such persons.
4. Three-year terms apply to ordinary breach of trust under s. 406; lower terms are not the section 409 ceiling.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 9 (Indian Penal Code, 1860), pp. 205-224._
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