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The headmaster of a government school is entrusted with funds to pay staff salaries. He dishonestly…

Section 316(5) punishes criminal breach of trust committed by a public servant entrusted with property in that capacity. The headmaster dishonestly used money already…

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The headmaster of a government school is entrusted with funds to pay staff salaries. He dishonestly uses the funds for personal purposes for eight days and falsely claims they were lost. After a complaint is filed, he pays the salaries. Which provision of the Bharatiya Nyaya Sanhita, 2023 punishes his conduct?

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Answer and explanation

Correct answer A

Section 316(5) punishes criminal breach of trust committed by a public servant entrusted with property in that capacity. The headmaster dishonestly used money already entrusted to him for salaries. Temporary diversion can complete the offence, and later payment does not erase it.

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Option A

Section 316(5) applies because a public servant dishonestly used funds entrusted to him in that capacity.

Option B

Cheating under Section 318 involves deception and inducement. The facts concern misuse after lawful entrustment.

Option C

Theft under Section 303 involves dishonestly moving movable property out of another’s possession without consent. The funds here were already entrusted to the headmaster.

Option D

Later payment does not undo the criminal breach of trust completed by the dishonest diversion.

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