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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option.
Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purposes, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's asset s. Embezzlement is misappropriation when the funds involved have b een lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that pers on's permission or consent with the intent to deprive the rightful owner of it.
Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offense, if any, was/were committed by X?
विकल्प
If at all X is liable, it is for criminal misappropriation only.
X is liable for criminal misappropriation and embezzlement.
X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.
X is liable for theft as he took A’s property without X’s permission
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उत्तर
X is liable for criminal misappropriation and embezzlement.
Explanation:
According to Section 403 of the Indian Penal Code, when an individual dishonestly converts another person's movable property to his own, there is misappropriation of property. According to the given facts, X had the responsibility to care and protect valuables and cash of A. X dishonestly misappropriates and sells A's possessions and uses the cash to drink liquor. (Narayan Singh v. State of MP [1986 CrLJ 1481])
X will also be held under Embezzlement because of A lawfully entrusted his property i.e. the valuables and cash in the possession of X which were misappropriated by X.
X will not be held under theft because A himself handed over his property (valuables and cash) to X and thus there was implied consent of A.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Facts Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. According to the facts and the rules specified, which of the following propositions is correct?
Principle: A man is guilty of not only for what he actually does but also for the consequences of his doing.
Facts: A wanted to kill the animal of B. He saw B standing with his animal and fired a gunshot at the animal. The gunshot killed B.
Mark the best option:
Facts: Ram’s father and Rizvi were enemies. One day at the market Rizvi attacked Ram's father with a lathi. Ram’s father suffered a simple injury on his head. On seeing this Ram got hold of a gun and shot Rizvi in the head, in order to protect his father. The police arrested Ram and charged him with culpable homicide.
Principle:
- The law recognizes an individual’s right to defend himself and his family and his property against any unlawful acts.
- The person defending himself should not do more harm than is necessary, that is to say, that the force used to defend should be proportionate to the force used by the aggressor.
Mark the best option:
Principle:
- If one threatens another to commit any act forbidden by the Indian Penal Code likely to harm anyone thereby causing him(one who is thus threatened) to enter into an agreement with anyone; the agreement thus entered into is void.
- An attempt to commit suicide is an act forbidden by the Indian Penal Code.
Facts: Gopaldas who is very fond of his nephew Jitendra, a bright law graduate; promises to gift him a plot of land if the latter joined his friend Atmaram’s law firm as an associate. Jitendra joins Atmaram’s firm but before Gopaldas could proceed, his elder son Akash who was in need of money threatened to commit suicide if Gopaldas did not sell the plot of land. Gopaldas entered into an agreement to sell the plot of land and gave the money he received as advance; to Akash.
The number of times a unit of money exchanges hands during a unit period is known as
'Wrongful loss' means
Answer the question which follows form the application of the under mentioned legal principle.
Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.
A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.
Principle: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such person is liable for the act in the same manner as if it were done by each one of them.
A B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house and started shouting. A B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all three. They were charged for attempted burglary and murder of X.
Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.
A handed over his watch to B for safekeeping. B sells the watch to C, which he was not authorised to do. B is prosecuted for theft.
