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In which one of the following cases is the offence of criminal breach of trust not committed ?
Explanation
The offence of Criminal Breach of Trust (defined under Section 405 of the IPC, now Section 316 of the Bharatiya Nyaya Sanhita) essentially requires the entrustment of property. This means the property must have been voluntarily handed over to the accused for a specific purpose.
- In Option C, 'A' finds a lost ring. There is no entrustment by the owner. This act constitutes Criminal Misappropriation of Property (Section 403 IPC / Section 314 BNS), which applies when one finds property not in the possession of any person and takes it for their own use without waiting a reasonable time for the owner to be found.
- In Options A, B, and D, the individuals (delivery boy, postman, and ESIC employee) were specifically entrusted with property or dominion over it by virtue of their employment or service. Their misappropriation directly constitutes criminal breach of trust.
SIMILAR QUESTIONS
'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' ?
'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 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 :
"A" in good faith believing property belonging to "Z" to be "A"s own property, takes the property out of "B"'s possession. "A" has