Site navigation

Under Section 316(1) of the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust…

Section 316(1) requires entrustment of property or dominion over it. The offence then requires dishonest misappropriation or conversion, dishonest use or disposal contrary…

Choose your answer

Under Section 316(1) of the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust essentially signifies and requires:

Select one answer
Answer and explanation

Correct answer A

Section 316(1) requires entrustment of property or dominion over it. The offence then requires dishonest misappropriation or conversion, dishonest use or disposal contrary to a legal direction or contract governing the trust, or wilfully allowing another person to do so. A formal demand and an express refusal are not statutory ingredients.

Option feedback

Option A

Entrustment of property or dominion over it is an essential ingredient. The prosecution must also establish the conduct specified in section 316(1).

Option B

Incorrect. A formal demand by the owner is not a statutory ingredient of criminal breach of trust under Section 316(1) BNS; the offence is complete as soon as the entrusted property is dishonestly misappropriated or converted.

Option C

Incorrect. While demand and refusal may serve as evidentiary circumstances pointing to dishonest misappropriation, refusal itself is not the statutory essence of criminal breach of trust.

Option D

Without entrustment of property or dominion over it, a contractual breach does not amount to criminal breach of trust under section 316(1).

Practice for these exams

Related exam syllabi

Related questions in this topic