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The employer has told the employee in the morning that when the employee leaves the office in the…

The employer authorised the employee to take the cash only in the evening for delivery to 'X'. At noon the money was still in the employer's possession, the employee having…

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The employer has told the employee in the morning that when the employee leaves the office in the evening to go to his house, he should pick up Rs. 50,000/- lying in the drawer of the employer and deliver the same to 'X', to whom the employer owes Rs. 50,000/-. At 12.00 noon, in the absence of the employer, the employee picks up the money and absconds. The employee is liable to be charged for:

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Answer and explanation

Correct answer C

The employer authorised the employee to take the cash only in the evening for delivery to 'X'. At noon the money was still in the employer's possession, the employee having at most custody as a servant, so dishonestly taking it without the employer's consent and absconding is "Theft" under section 378 of the Indian Penal Code. There was as yet no entrustment for criminal breach of trust, no deception for cheating, and no prior innocent possession for criminal misappropriation.

Current law: For post-1 July 2024 conduct the corresponding offence is theft under BNS section 303, subject to IPC savings for older offences.

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