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A finds a ring lying on the high road, not in the possession of any person. By taking it, A: 1. Commits…

Only statements 2 and 3 are correct. Theft requires moving property out of the possession of another person, and a ring lying on the high road is in no one's possession, so…

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A finds a ring lying on the high road, not in the possession of any person. By taking it, A:
1. Commits the offence of theft.
2. Commits no theft.
3. May commit criminal misappropriation of property.
4. Commits no theft but commits criminal breach of trust.

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Answer and explanation

Correct answer C

Only statements 2 and 3 are correct. Theft requires moving property out of the possession of another person, and a ring lying on the high road is in no one's possession, so A commits no theft by taking it. Illustration (g) to section 303 of the Bharatiya Nyaya Sanhita, 2023 states that in such a case A commits no theft though he may commit criminal misappropriation of property, which turns on dishonest misappropriation or conversion under section 314. Criminal breach of trust needs entrustment of property, which is absent here.

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