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Q116 (CISF/2021) Polity & Governance › Governance, Policies & Social Justice

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 :

Result
Your answer: —  Â·  Correct: D

Explanation

The offence of Criminal Breach of Trust is defined under Section 405 of the Indian Penal Code (IPC). The essential ingredients to constitute this offence are: (i) the accused must be entrusted with property or have dominion over it; (ii) the accused must dishonestly misappropriate it, or convert it to his own use, or dishonestly use/dispose of it in violation of a legal contract or law. Statement 1 and 2 cover the prerequisite of entrustment or dominion. Statement 3 highlights the mens rea (dishonest intention), which is fundamental as the IPC specifically uses the term "dishonestly". Statement 4 covers the actus reus of converting the property to one's own use. Since all four statements represent the core legal elements and actions defined in Section 405, the correct answer is 1, 2, 3, and 4.

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