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A innocently takes Z’s movable property in the good-faith belief that it belongs to A. After…

Illustration (a) to section 314 distinguishes an innocent taking from later dishonest appropriation after the mistake is discovered, so the later act is "Dishonest…

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A innocently takes Z’s movable property in the good-faith belief that it belongs to A. After discovering the mistake, A dishonestly appropriates it to A’s own use. Under BNS section 314 illustration (a), which offence is established by that later act?

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Correct answer A

Illustration (a) to section 314 distinguishes an innocent taking from later dishonest appropriation after the mistake is discovered, so the later act is "Dishonest misappropriation of property". The good-faith taking is not theft, so "Theft at the initial taking despite the stated good-faith mistake" is wrong; "No offence merely because the initial taking was innocent" ignores the later dishonest appropriation; and "Criminal breach of trust based on an entrustment that the facts do not establish" fails for want of entrustment.

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