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A person uses unlawful means to gain property to which that person is legally entitled. On those facts…

Section 2(36) requires gain by unlawful means. The same definition independently requires that the person gaining lack legal entitlement to the property. Mischief and theft…

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A person uses unlawful means to gain property to which that person is legally entitled. On those facts alone, which conclusion follows under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer B

Section 2(36) requires gain by unlawful means.

The same definition independently requires that the person gaining lack legal entitlement to the property.

Mischief and theft have their own elements under sections 324 and 303. The facts give insufficient information to establish either.

Option feedback

Option A

Unlawful means alone are insufficient. Wrongful gain also requires lack of legal entitlement to the property.

Option B

Legal entitlement to the property excludes wrongful gain as defined in section 2(36), even where the means of gaining it were unlawful.

Option C

The facts do not establish destruction or an injurious change to property with the intention or knowledge specified for mischief.

Option D

The facts do not establish the dishonest taking and moving of movable property out of another person’s possession without consent.

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