A takes Z's movable property believing in good faith that it belongs to A. After discovering the…
Illustration (a) to section 314 of the BNS treats a person who takes property in good faith believing it his own, and later appropriates it dishonestly on learning the…
Choose your answer
A takes Z's movable property believing in good faith that it belongs to A. After discovering the mistake, A dishonestly converts it to personal use. Which offence does this illustrate under the BNS?
Answer and explanation
Correct answer B
Illustration (a) to section 314 of the BNS treats a person who takes property in good faith believing it his own, and later appropriates it dishonestly on learning the truth, as guilty of dishonest misappropriation. Theft under section 303 needs a dishonest intention at the time of moving the property out of another's possession, which was absent at the taking and impossible at the later conversion, when A already had possession. Criminal breach of trust needs an entrustment, and there was none.
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