A and B, municipal corporation officers, legally demolish C’s unlawfully constructed structure and…
The facts expressly describe lawful demolition and removal for safe custody. They do not establish dishonest taking, conversion or misappropriation, or a breach of an…
Choose your answer
A and B, municipal corporation officers, legally demolish C’s unlawfully constructed structure and remove the material for safe custody. Which listed offence do A and B commit under the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer D
The facts expressly describe lawful demolition and removal for safe custody. They do not establish dishonest taking, conversion or misappropriation, or a breach of an entrusted obligation. None of the listed property offences under the Bharatiya Nyaya Sanhita, 2023, namely theft (section 303), dishonest misappropriation (section 314) or criminal breach of trust (section 316), follows simply because officers lawfully remove material while carrying out their duties; an act justified by law also falls within the general exception in section 17 (formerly section 79 IPC).
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