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A police officer lawfully receives ₹5,000 in traffic fines in an official capacity for deposit in the…

The fine was entrusted to the officer in an official capacity. Dishonest personal use constitutes criminal breach of trust by a public servant under section 316(5), read…

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A police officer lawfully receives ₹5,000 in traffic fines in an official capacity for deposit in the Treasury. The officer dishonestly spends it on personal expenses, then replaces and deposits it three months late. Which provision of the Bharatiya Nyaya Sanhita, 2023, most specifically applies?

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Answer and explanation

Correct answer B

The fine was entrusted to the officer in an official capacity. Dishonest personal use constitutes criminal breach of trust by a public servant under section 316(5), read with section 316(1). The later deposit does not undo the conversion. Delay by itself would not establish dishonest use.

Option feedback

Option A

The officer received the money in a public capacity, rather than in the capacity of a carrier, wharfinger or warehouse-keeper.

Option B

The officer was entrusted with the fine in a public capacity and dishonestly converted the money to personal use. Later repayment does not undo the conversion.

Option C

The fine was lawfully received. The facts do not show deception inducing its payment.

Option D

The officer received the money lawfully in an official capacity. The wrongful act was later conversion of entrusted money.

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