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Under the Bharatiya Nyaya Sanhita, 2023, a person lawfully receives money in trust, without deceiving…

Criminal breach of trust under section 316(1) requires entrustment and dishonest misuse or conversion; general punishment is in section 316(2). Cheating under section 318…

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Under the Bharatiya Nyaya Sanhita, 2023, a person lawfully receives money in trust, without deceiving the owner at delivery. The person later dishonestly converts the entrusted money to personal use in violation of the trust. Which offence is made out on these stated facts?

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Answer and explanation

Correct answer B

Criminal breach of trust under section 316(1) requires entrustment and dishonest misuse or conversion; general punishment is in section 316(2). Cheating under section 318 requires deception and the relevant inducement. Lawful receipt followed by dishonest diversion therefore establishes breach of trust on these facts, without establishing cheating.

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Option A

Cheating requires deception and the relevant inducement; later diversion alone does not establish those elements.

Option B

Entrustment followed by dishonest conversion to personal use satisfies section 316(1).

Option C

The facts do not supply the deception required for cheating in addition to breach of trust.

Option D

Absence of deception at delivery does not excuse later dishonest conversion of entrusted property.

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