If the husband drives out his wife and retains her stridhan, then which of the following offences has…
Stridhan is the wife's absolute property. In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held that a husband or in-law who has stridhan entrusted to him and…
Choose your answer
If the husband drives out his wife and retains her stridhan, then which of the following offences has he committed ?
Answer and explanation
Correct answer A
Stridhan is the wife's absolute property. In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held that a husband or in-law who has stridhan entrusted to him and refuses to return it holds it as a trustee, so the refusal is criminal breach of trust under section 406 of the IPC; the offence is now in section 316 of the Bharatiya Nyaya Sanhita, 2023.
Criminal misappropriation applies where property comes into a person's possession without entrustment, and mischief needs destruction or damage of property, so neither fits.
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