Husband cannot Pledge Wife’s Gold without her Consent

Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife’s gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].

The prosecution version of the case is that the mother of the wife of the accused, gifted her daughter 50 sovereigns of fold ornaments during her marriage. The wife entrusted this gold to her husband asking him to keep it in a bank locker but the accused, without his wife’s knowledge, pledged the gold in a financial company.

In the appeal, the high court noted that the husband was entrusted with the gold which he dishonestly misappropriated and converted it to his own use, violating the trust of his wife and causing her loss. The high court held that the offence of criminal breach of trust is fully made out in this case and there is no need to interfere with the decision of the trial court and appellate court.

Reference

  1. Surendra Kumar v State of Kerala [2024: KER:76979]

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