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A and B are joint owners of a horse. A takes the horse out of B's possession, intending to use it.…

Illustration (c) to section 314 of the BNS says a joint owner who takes the horse to use it does not misappropriate it dishonestly, because he has a right to use it, but if…

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A and B are joint owners of a horse. A takes the horse out of B's possession, intending to use it. Later A sells the horse and appropriates the whole proceeds to his own use. Which statement is correct?

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Correct answer A

Illustration (c) to section 314 of the BNS says a joint owner who takes the horse to use it does not misappropriate it dishonestly, because he has a right to use it, but if he sells it and keeps all the proceeds he is guilty under section 314. So "Taking the horse to use it is no offence, but selling it and keeping the whole proceeds is dishonest misappropriation under section 314". Joint ownership does not protect a co-owner who takes the other's share, and the horse was not entrusted to A, so there is no criminal breach of trust.

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