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A person uses a laptop that they own outright. No one else has a legal or beneficial interest in it,…

Section 316(1) requires entrustment of property or of dominion over it, followed by the kind of dishonest dealing specified there. A person dealing with property owned…

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A person uses a laptop that they own outright. No one else has a legal or beneficial interest in it, and the person has no duty to hold it for anyone else. Does that use alone amount to criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer B

Section 316(1) requires entrustment of property or of dominion over it, followed by the kind of dishonest dealing specified there. A person dealing with property owned exclusively for their own benefit, with no entrustment, does not satisfy the first requirement.

Option feedback

Option A

Ownership by itself does not establish that property or dominion over it was entrusted to the owner.

Option B

There is no entrustment on the stated facts, so an essential element of section 316(1) is missing.

Option C

Personal use alone does not establish the necessary entrustment or dishonest dealing with entrusted property.

Option D

The statutory term property is not limited to immovable property. The obstacle in this example is the lack of entrustment.

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