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An employer retains possession of ₹50,000 in a drawer and authorises an employee to collect it only…

The premise excludes entrustment or dominion, essential to section 316. No deception-induced delivery is stated. Dishonest removal without consent from the employer’s…

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An employer retains possession of ₹50,000 in a drawer and authorises an employee to collect it only when leaving in the evening for delivery to X. No possession or dominion has yet been entrusted. At noon, the employee dishonestly takes the money without consent and absconds. Under the Bharatiya Nyaya Sanhita, 2023, the most specifically applicable offence is:

Apply the law as at 7 November 2026.

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Answer and explanation

Correct answer C

The premise excludes entrustment or dominion, essential to section 316. No deception-induced delivery is stated. Dishonest removal without consent from the employer’s possession satisfies theft; section 306 addresses a clerk or servant. Dishonest intent existed when possession was taken, rather than arising after an innocent taking. See sections 303(1), 306, 314, 316(1) and 318(1) of the Bharatiya Nyaya Sanhita, 2023.

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Option A

The premise excludes entrustment or dominion, essential to section 316.

Option B

No deception-induced delivery is stated.

Option C

Dishonest removal without consent from the employer’s possession satisfies theft; section 306 addresses a clerk or servant.

Option D

Dishonest intent existed when possession was taken, rather than arising after an innocent taking.

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