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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
Principle: Everyone shall be permitted to take advantage of his own wrong.
Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All five persons hit by the car died.
Mark the best option:
Principle:
- Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
- The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.
Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythechasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down. Decide Rajendra's liability based on the facts mentioned above.
Decide Rajendra's liability based on the facts mentioned above.
The next three questions consist of two statements, one labeled as 'Assertion' (A) and other as 'Reason' (R). You are to examine these two statements carefully and select the correct answer.
Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.
Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.
In which of the following mens rea has been considered to be an essential element of an offence?
Punishment of offences committed within India every person shall be liable to punishment under this Code and not otherwise for every act or omission defined in __ sec of IPC
Dishonestly' has been defined as doing anything with the intention to cause wrongful gain to one person & wrongful loss to another, under
Which of the following is not true about a criminal proceeding?
X, the servant of Y, takes a hundred rupee note fro Y's pocket and hides it under the carpet in the houses of Y, X tells Z another servant of Y, about the currency note and both, agree to share the money when the currency note is taken by X from the hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence?
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.
Principle: Theft is robbery if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.
A entered B's house to take away her TV. When he was carrying the TV out of the house, he encountered B near the door. He left the TV behind and ran away.
