A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having paid…
Illustration (k) to section 303 of the BNS says that the owner who takes back his pawned watch without paying the loan takes it dishonestly, so "A commits theft, though the…
Choose your answer
A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having paid what he borrowed on the watch. Which statement is correct?
Answer and explanation
Correct answer D
Illustration (k) to section 303 of the BNS says that the owner who takes back his pawned watch without paying the loan takes it dishonestly, so "A commits theft, though the watch is his own property". Illustration (j) makes the same point for a watch lawfully kept by a jeweller as security for a repair debt. Theft protects possession, not only ownership, and nothing was entrusted to A, so it is not criminal breach of trust.
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