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H takes property belonging to S out of S’s possession in good faith, believing at the time of taking…

The taking in an honest belief of ownership lacks the dishonest intention required for theft. Once H discovers S’s ownership and dishonestly converts the property to his own…

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H takes property belonging to S out of S’s possession in good faith, believing at the time of taking that the property belongs to himself. Later, on realising his mistake, H continues to appropriate the property to his own use. Which offence has H committed under the Bharatiya Nyaya Sanhita, 2023?
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Correct answer C

The taking in an honest belief of ownership lacks the dishonest intention required for theft. Once H discovers S’s ownership and dishonestly converts the property to his own use, section 314 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 403 IPC) applies: criminal misappropriation. There is no entrustment for breach of trust, no deception inducing delivery for cheating and no violence or fear for robbery. This is the substance of the section’s illustration on property taken in a good-faith belief of ownership. The offence is punishable with imprisonment of not less than six months and up to two years, and fine.

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