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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. - Legal Reasoning

MCQ

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.

Options

  • B is guilty of theft because he gained from the act

  • B is not guilty of theft because he was in possession of the watch

  • B is not guilty of theft because A had given him the watch

  • B is guilty of theft because caused wrongful loss to A

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Solution

B is not guilty of theft because he was in possession of the watch

Explanation:

B has possession of the property. This is a case of breach of trust rather than theft. Theft is done when something is taken out of possession without that person's consent, but a breach of trust is done when someone gives the property in trust and other misuse or misappropriates the property against trust created. 

Concept: Indian Penal Code (Entrance Exams)
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