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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?
पर्याय
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 question. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offenses 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.
Choose the option that best captures the essence of the text
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Penal laws provide that whoever voluntarily has carnal intercourse against the order of nature with any man or woman, shall be punished for rape.
Facts: A Police Officer found a man engaged in carnal intercourse with an animal. The Police Officer arrested the man and produced him before the Court.
Sexual intercourse by a man with a woman even with her consent is rape if she is below the age of –
Indian penal code 1860 Consists
The Indian penal code 1860 extends to
Public servant denotes a person under the followings
Animal denotes
The effect caused partly by act and partly by an omission is
A handed over ₹5,000 to her neighbour B, who was an employee of a bank, and asked him to deposit the money in her account, instead of doing so, B spent the money. A sues the bank for damages.
Principle: Conspiracy is a combination between two or more persons formed for the purpose of doing either an unlawful act or a lawful act by unlawful means.
Facts: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z. Y in pursuance of the conspiracy administers the poison in the presence of X and thereby causes Z's death.
Suppose X &Y were apprehended by A before administering poison to Z. What is the offense committed by X & Y?
