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A gives his watch for repair to a watchmaker. One day, in the absence of the watchmaker, A dishonestly…

This is Illustration (j) to Section 303(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 378 of the Indian Penal Code, 1860): where A owes money to Z for repairing…

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A gives his watch for repair to a watchmaker. One day, in the absence of the watchmaker, A dishonestly takes his watch away from the watchmaker's shop without paying the repair charges, intending to deprive the watchmaker of the property as security for his debt. What offence has A committed?

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Answer and explanation

Correct answer A

This is Illustration (j) to Section 303(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 378 of the Indian Penal Code, 1860): where A owes money to Z for repairing a watch and Z retains the watch lawfully as security for the debt, A's taking the watch out of Z's possession with the intention of depriving Z of the property as security for his debt is done dishonestly and constitutes theft, even though the watch is A's own property.

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