Under the Bharatiya Nyaya Sanhita, 2023, consider the following facts. An agent accepts ₹50,000 on…
Section 316(1) of the Bharatiya Nyaya Sanhita, 2023 covers dishonest use or disposal of entrusted property in breach of an express or implied legal contract governing the…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, consider the following facts. An agent accepts ₹50,000 on agreed terms requiring equal payment to two named students. The agent dishonestly gives the entrusted money to two different students in breach of those terms. Which offence most specifically addresses the agent’s disposal of the entrusted funds?
Answer and explanation
Correct answer A
Section 316(1) of the Bharatiya Nyaya Sanhita, 2023 covers dishonest use or disposal of entrusted property in breach of an express or implied legal contract governing the trust.
The offence can be complete without personal enrichment. Cheating under section 318 requires deception, which the scenario does not establish.
Option feedback
Option A
The agreed purpose, entrustment and dishonest diversion satisfy section 316(1).
Option B
The stated dishonesty and misuse of entrusted funds establish criminal liability.
Option C
The facts show misuse after entrustment and do not identify deception inducing the entrustment.
Option D
The agent received the funds by entrustment. This is the specific distinction captured by criminal breach of trust.
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