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Z dies in possession of furniture and money. X, who was Z’s servant at the time of death, knowingly and…

Section 315 specifically covers dishonest misappropriation of property the accused knows was in the deceased’s possession at death, before it reaches a person legally…

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Z dies in possession of furniture and money. X, who was Z’s servant at the time of death, knowingly and dishonestly misappropriates the money before anyone legally entitled to it takes possession. Which provision of the Bharatiya Nyaya Sanhita, 2023 most specifically applies?

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Answer and explanation

Correct answer B

Section 315 specifically covers dishonest misappropriation of property the accused knows was in the deceased’s possession at death, before it reaches a person legally entitled to it. The ordinary maximum is three years, with liability to a fine. If the offender was the deceased’s clerk or servant at the time of death, the maximum imprisonment rises to seven years.

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Option A

Section 314 is the general dishonest-misappropriation provision. Section 315 addresses these particular facts.

Option B

Section 315 expressly addresses property in the deceased’s possession at death.

Option C

Section 316(1) defines criminal breach of trust and requires entrustment or dominion over property. The facts do not establish that element.

Option D

Section 316(2) prescribes punishment for criminal breach of trust. The specific offence here falls under section 315.

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