SUPERINTENDENT & REMEMBERANCER OF LEGALAFFAIRS, WEST BENGAL vs S. K. ROY

The Supreme Court held that the gravamen of criminal breach of trust under Section 409 IPC involves the dishonest misappropriation of property by a public servant who has ostensible authority to receive it. The Court clarified that it is not necessary for the misappropriation to occur after a legally correct entrustment; rather, the perception of entrustment by the person handing over the property suffices. The Court allowed the appeal, overturning the acquittal of the respondent, establishing that he acted in his capacity as a public servant when he misappropriated the premiums collected from policyholders.