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X kills a person and then takes the victim’s ornaments for personal gain. X has no claim to the…

Section 315 covers these facts. The victim held the ornaments at death, and X dishonestly appropriated them before anyone legally entitled took possession. The murder does…

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X kills a person and then takes the victim’s ornaments for personal gain. X has no claim to the ornaments and knows the victim was wearing them at death. No one legally entitled has taken possession in the meantime, and X did not use force to obtain or carry away the ornaments. Apart from murder, what offence has X committed under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer C

Section 315 covers these facts. The victim held the ornaments at death, and X dishonestly appropriated them before anyone legally entitled took possession. The murder does not turn the appropriation into robbery because the force was not used for the taking or carrying away.

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Option A

Theft under section 303 requires taking movable property out of a person's possession. The facts place the ornaments in no living person's possession after death.

Option B

Robbery under section 309 requires theft with the specified nexus to violence or fear, or the specified form of extortion. The facts provide neither.

Option C

Section 315 specifically covers dishonest appropriation of property known to have been in the deceased's possession at death and not since possessed by someone legally entitled to it.

Option D

Criminal breach of trust under section 316 requires entrustment of property or dominion over it. The facts provide no entrustment.

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