X and Y are about to travel from Jammu Tawi to Delhi by the same train. Y has two tickets from…
Y came into possession of X's ticket lawfully, because X voluntarily handed it to him for checking; Y's later dishonest retention of it for his own use is "Criminal…
Choose your answer
X and Y are about to travel from Jammu Tawi to Delhi by the same train. Y has two tickets from Pathankot; X has a ticket from Delhi. X voluntarily hands his ticket to Y to check that it is the right one. Y, pretending to return X’s ticket, substitutes one of his own and keeps X’s ticket. What offence does Y commit?
Answer and explanation
Correct answer C
Y came into possession of X's ticket lawfully, because X voluntarily handed it to him for checking; Y's later dishonest retention of it for his own use is "Criminal Misappropriation" under section 403 of the Indian Penal Code. There is no theft because Y did not take the ticket out of X's possession without his consent, no extortion because X was not put in fear, and no cheating because X was not deceived into handing over the ticket.
Current law: dishonest misappropriation of property is now section 314 of the Bharatiya Nyaya Sanhita, 2023.
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