Z dies in possession of furniture and money. Knowing that the money was in Z’s possession at death, Z’s…
Section 315 specifically covers the dishonest misappropriation of property that the offender knows was in the deceased person’s possession at death and has not yet reached…
Choose your answer
Z dies in possession of furniture and money. Knowing that the money was in Z’s possession at death, Z’s servant A dishonestly appropriates it before it passes into the possession of anyone entitled to it. Which provision of the Bharatiya Nyaya Sanhita, 2023 specifically covers this conduct?
Answer and explanation
Correct answer B
Section 315 specifically covers the dishonest misappropriation of property that the offender knows was in the deceased person’s possession at death and has not yet reached someone legally entitled to possess it. The illustration describes the deceased employer’s servant appropriating the money before lawful possession passes.
Option feedback
Option A
Section 314 deals with general dishonest misappropriation of movable property. Section 315 specifically addresses the property of the deceased in the stated circumstances.
Option B
Section 315 applies to dishonest misappropriation of property known to have been in the deceased person’s possession at death before it passes to someone legally entitled to possess it.
Option C
Section 316 concerns criminal breach of trust, which requires entrustment or dominion of the kind specified. The facts match the separate deceased-property offence.
Option D
Section 317 deals with stolen property, including specified receipt or retention. Section 315 is the provision that directly defines the taking described.
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