Distinction / Difference between Criminal Misappropriation and Criminal
breach of Trust
No. Criminal Misappropriation
Definition :
1
                  Section 386 of the Penal Code defines
Criminal misappropriation and prescribes the
punishment for the offence -
386. Whoever dishonestly misappropriates or converts
to his own use any movable
property shall be punished with imprisonment of either
description for a term which may
extend to two years, or with fine, or with both
Ingredients :
2
To constitute the offence of misappropriation the
following ingredients must be present –
1) The accused misappropriated that property
and converted the same to his own use
dishonestly
2) The movable property belonged to that
complainant.
The property comes into the possession of the
3 accused in some natural manner.   accused either by an express entrustment
4 It can be only movable property
Criminal breach of Trust
Definition :
               Section 388 of the Penal Code
defines Criminal breach of trust -
“Whoever, being in any manner entrusted
with property, or with any dominion over
property, dishonestly misappropriates or
converts to his own use that property, or
dishonestly uses or disposes of that
property in violation of any direction of law
prescribing the mode in which such trust is
to be discharged, or of any legal contract,
express or implied, which he has made
touching the discharge of such trust, or
willfully suffers any other person so to do,
commits “criminal breach of trust”.
Ingredients:
 To constitute criminal breach of trust
following ingredients must be present.
1) The accused must be entrusted with
property or with dominion over property;
2) The person who entrusted must – 
 i) dishonestly misappropriate or convert to
his use that property or
ii) dishonestly use or dispose of that
property or willfully suffer any other person
to do so 
a) in violation of any directions of law
prescribing the mode in which such
property is to be discharged \. 
b) any legal contract made touching
discharge of such trust. 
The property comes into possession of the
or by some process. There is conversion of
property held by a person in fiduciary
capacity. 
It can be of any movable as well as
immovable property.
5 There is no contractual relationship There is contractual relationship