A is the sole legal and beneficial owner of a watch and holds it entirely on A’s own account. No one…
Criminal breach of trust under section 316(1) begins with entrustment of property or dominion over it. A holds the watch exclusively for A’s own benefit and has received no…
Choose your answer
A is the sole legal and beneficial owner of a watch and holds it entirely on A’s own account. No one has entrusted the watch or dominion over it to A. Does selling the watch constitute criminal breach of trust under section 316(1) of the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer B
Criminal breach of trust under section 316(1) begins with entrustment of property or dominion over it. A holds the watch exclusively for A’s own benefit and has received no such entrustment. Its sale does not constitute this offence.
Option feedback
Option A
Disposal alone is insufficient. The property or dominion over it must first have been entrusted.
Option B
The statute requires entrustment of the property or dominion over it. The facts expressly rule that out.
Option C
Ownership does not establish entrustment. A holds the watch entirely on A’s own account.
Option D
Judicial authorization of a sale does not substitute for the statutory inquiry into entrustment.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Madhya Pradesh Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision