Y owes money to X. X removes Y’s bullock grazing beside a stream and ties it in his own house. When Y…
Removing Y’s bullock without consent to compel payment of a debt is a dishonest taking of movable property from Y’s possession. A creditor cannot create a possessory…
Choose your answer
Y owes money to X. X removes Y’s bullock grazing beside a stream and ties it in his own house. When Y asks for its release, X says he will release it when the money is paid. X is guilty of:
Answer and explanation
Correct answer D
Removing Y’s bullock without consent to compel payment of a debt is a dishonest taking of movable property from Y’s possession. A creditor cannot create a possessory security by unilateral seizure. It is theft, not extortion, because Y has not delivered the bullock in response to fear, and there is no entrustment establishing criminal breach of trust.
Current law: Theft is now defined in BNS Section 303(1); changes in its punishment rules do not authorise a creditor to seize a debtor’s property.
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