Case Law Analysis
|Punjab and Haryana High Court
Section 406/420 IPC | Non-Return of Property Commission Without Dishonest Intent Is Civil Dispute, Not Criminal Offence : Punjab & Haryana HC
The Punjab & Haryana High Court has ruled that a property dealer’s retention of commission after a cancelled land deal, without proof of initial dishonest intent, cannot be prosecuted under Sections 406 or 420 IPC. This clarifies that contractual disputes over commissions, even when substantial, remain civil remedies unless criminal mens rea is established - protecting intermediaries from misuse of criminal law in commercial disagreements.