Theft And Criminal Breach Of Trust Define and distinguish between theft and criminal breach of trust.

1. Introduction:
Theft and criminal breath of trust are offence against property. In theft, the property is taken out of the possession of anther person without his consent while in criminal breach of trust, it is the misuse or disposes of property without the consentof real owner.
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 378 and 379 for theft
Section 405 and 406 for criminal breach of trust.
3. Theft U/Sec 378:
Whoever, intending to take dishonestly any moveableproperty out of the possession of any person without that person’ s consent, moves that property in order to such taking, is said to commit theft.”
(I) Ingredients Of Theft:
In order to constitute theft, following factors are essential.
(i) Dishonest Intention:
There must be dishonest intention to take property. Where the circumstances show that the bonafide claim or right, it is not theft,
(ii) Movable Property:
The property must be moveable to constitute the offence of theft. According to explanation 1 to sec 378, a thing so long as it is attached to the earth is not the subject of theft but it becomes capable of being subject of theft as soon as it is severed form the earth.
Illustration:
‘A’ cuts down a tree on Z’s ground with the intention of dishonestly taking the tree out of ‘Z’ s possession without hisconsent. Here as soon as ‘A’ has severed the tree un order to such taking, he has committed theft.
(iii)Possession of Other person:
The property should be in possession of another person and it should be taken out of his possession. There is not theft of wild animals, birds or fish while at large, but there is a theft of tamed of tamed animals.
(iv)Moving or Removal of Property:
There must be some removal of the property in explanation 3 of Sec 378 , a person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it form any other things as well as by actually moving it
a. Moving an Animal:
According to explanation 4 0f Section 378, a person who any means causes an animal to move is said to move that animal and to move every thing which in consequence of the motion so caused, is moved by that animal.
Illustration:
‘A’ puts a bait for dogs in his pockets and thus induces Z’ s dog to follow it. Here if A’ s intention be dishonestly to take the dog out of Z’s possession without his consent. He committed theft as soon as Z’ s dog has begun to follow him.
(v) Without Consent of Possession :
The thing must moved without consent of the possessor. According to explanation 5 of section 378 the consent may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.
Illustration:
‘A’ a friend of ‘Z’ goes to this library in this absence and takes away a book without his express consent for the purpose of merely reading it. And with the intention of intention of returning it Here if ‘A’ impression is that he had Z’ s impliedconsent to use ‘Z’ s book he has not committed theft.
(II) Punishment U/Sec 397:
Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.
4. Criminal Breach Of Trust U/Sec 405:
A person commits criminal breach of trust if he being in any manner entrusted with property or with my dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of thatproperty in violation of any direction of law prescribing the mode in which such trust is to be discharged. Or of my legal contract, express or implied which he has made touching the discharge of such trust or will full suffers any other person to do so.
Case Law 
SCMR 1980 402
To establist the charge of criminal breach of trust the prosecution must prove not only entrustment but also that the accuse dishonestly misappropriated the property.
(I) Ingredients Of Section 405:
Following are the ingredients of criminal breach of trust.
(i) Entrusted to Person Property:
Entrustment is an essential element of the offence of criminalbreach of trust. It may have different implication in different contexts. In its most general significance , it means handing over the possession for some purposes. Entrustment of property and failure of the accused to account of the sane is sufficient to infer that the accused committed the offence ofcriminal breach of trust.
(iii)Dishonestly Misappropriation or Converting that Property:
Offence of criminal breach of trust world not be made out when there is no material to substantive allegation of dishonest misappropriation or convertion to one’ s own use of that properly.
(iii)Dishonestly Use or Disposal of Property:
A criminal breach of trust may be committed by a person who dishonestly uses disposes of that property or will full suffers any other person so to do in violation.
a. Of any direction of law prescribing the mode in which such trust is to be discharged.
b. Of any legal contract made touching the discharge of such trust.
Illustration :
‘A’ being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will and appropriates them to his own use.’ A ‘ has committed breach of trust.
(II) Punishment U/Sec 406:
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to seven years or with fine or with both.
5. Difference Between Theft And Criminal Breach Of Trust:
(I) Mode Of Acquistion:
In theft, property is acquired without the consent of the owner.
In criminal breach of trust property is acquired with theconsent of the owner.
(II)As To Intention:
In theft, the dishonest intention to take property exists at the time of such taking.
In criminal breach of trust, that intention may acquire subsequently to the acquisition of property.
(III) As To Possession Of Property:
In theft, there is no prior possession of property, the offence is completed as soon as the property is dishonestly taken away.
In criminal breach of trust, the offender prior to the offence is himself in possession of the property and the offence is completed when he dishonestly converts the same to his own use.
(IV) Nature Of Property:
In theft, the property involved is a moveable property.
In criminal breach of trust, it may be any property i. e .moveable or immoveable.
(V) In theft, there is not relation exists between the offender and the owner
In criminal breach of trust, there is same sort, of relationship exists between the offender and the owner and the property is given on trust or received on one ‘ s behalf.
(VI) The punishment for theft is three years imprisonment or fine or both.
The punishment for criminal breath of trust is imprisonment which may extend to seven years or fine or both.
6. Conclusion:
To conclude. I can say that the offence of criminal breach of trust is akin to theft but differs form it in important respects. Both these offences are against property but in criminal breach of trust there must be entrustment of property which is not the element of theft.