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Which of the following statements is/are correct for the commission of criminal breach of trust ?
1. Property is entrusted to him or he has any dominion over the property.
2. Property may be movable or immovable.
3. Offender misappropriates or converts the property for his own use.
Select the correct answer using the code given below :
Explanation
Criminal Breach of Trust (CBT) is defined under Section 405 of the Indian Penal Code (IPC), which has been replaced by Section 316 of the Bharatiya Nyaya Sanhita (BNS). The essential ingredients for the commission of this offense are:
- Entrustment: The accused must be entrusted with property or have dominion over it. This matches Statement 1.
- Nature of Property: While certain offenses like theft apply only to movable property, the term 'property' in the context of CBT is used in a wider sense. The Supreme Court in R.K. Dalmia v. Delhi Administration (1962) clarified that 'property' under Section 405 includes both movable and immovable property. This matches Statement 2.
- Dishonest Intent: The offender must dishonestly misappropriate or convert the property for their own use, or dispose of it in violation of law or contract. This matches Statement 3.
Since all three statements are correct, the correct option is A.
SIMILAR QUESTIONS
A person commits the offence of Criminal Breach of Trust if he
1. misappropriates the property he is entrusted with.
2. misappropriates the property having any dominion over the same.
3. misappropriates with dishonest intention.
4. converts it to his own use.
Select the correct answer using the code given below :
Consider the following statements with regard to seizure of property under the Code of Criminal Procedure, 1973 :
1. Any police officer may seize any property which may be suspected to be stolen.
2. Any police officer may seize any property which may be found under circumstances which create suspicion of the commission of any offence.
3. If the value of the property seized is less than one thousand rupees and the person entitled to its possession is absent, the court may direct its sale by auction forthwith.
Which of the statements given above is/are correct?
'A' cut down a tree on 'B's ground, with the intention of dishonestly taking the tree out of 'B's possession without 'B's consent. Which one of the following statements is correct ?
'A', a carrier, is entrusted by 'Z' with property to be carried by land or by water. 'A' dishonestly misappropriates the property. Which one of the following offences was committed by 'A' ?