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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
Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.
Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.
Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.
Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.
With reference to the above passage, which of the following will be effective in tackling the problems associated with juvenile delinquency?
1. Providing bails easily for the minor offender
2. Giving the minor offender a proper right to privacy
3. Providing services which are parallel to the criminal justice system
4. Making sure that the offender is not unnecessarily imprisoned.
Abetting the commission of suicide is dealt under :
The following persons are not judge
Court of justice defined in sec_____ IPC
Dishonestly' has been defined as doing anything with the intention to cause wrongful gain to one person & wrongful loss to another, under
Under section 46 of IPC, death denotes
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z.
An accused is entitled to statutory bail (default bail) if the police failed to file the charge-sheet ___________ within of his arrest for the offence punishable with 'imprisonment up to 10 years'.
Principle: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.
A lent his laptop to B. When in possession of the laptop, B inserted a pen drive into the laptop. When he did a virus scan, he realised that the pen drive was infected. Since he urgently required a file that was on the laptop, he nevertheless opened the files on the pen drive, in the process infecting the laptop.
Principle: Contributory negligence in an accident is a defense to a charge in criminal law.
Facts: X, the deceased was negligently crossing the busy road at Cannaught Place in Delhi while Y's car hit him resulting in the death of X. What is the liability of Y?
