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Q113 (CISF/2019) Polity & Governance › Governance, Policies & Social Justice

X, a revenue officer, is entrusted with public money and is directed by law to deposit the money into a certain treasury. X dishonestly appropriates the money. He has committed the offence of

Explanation

The offence committed by X is criminal breach of trust. According to Section 405 of the Indian Penal Code (IPC) (now Section 316 of the Bharatiya Nyaya Sanhita), criminal breach of trust occurs when a person who is entrusted with property, or with any dominion over property, dishonestly misappropriates or converts it to their own use. This specific scenario is provided as Illustration (e) under Section 405 of the IPC.

Since X is a revenue officer, this act specifically falls under Section 409 of the IPC, which deals with criminal breach of trust by a public servant. It differs from theft because the property was initially possessed legally through entrustment, and from cheating because there was no fraudulent inducement at the time the money was received. Criminal misappropriation (Section 403) typically applies when property is found or comes into possession without prior entrustment.

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