Z’s wife gives valuable property belonging to Z to A. A knows she has no authority from Z to give it…
The illustration to section 303 treats this knowing, dishonest taking of the husband's property, without the wife's authority to give it, as a case where "A commits theft",…
Choose your answer
Z’s wife gives valuable property belonging to Z to A. A knows she has no authority from Z to give it and dishonestly takes it. Under the relevant BNS section 303 illustration, what follows?
Answer and explanation
Correct answer A
The illustration to section 303 treats this knowing, dishonest taking of the husband's property, without the wife's authority to give it, as a case where "A commits theft", since A's awareness of the lack of authority defeats any reliance on consent. "A necessarily avoids theft because the wife handed over the property" and "A necessarily avoids theft because only the legal owner can physically possess property" are therefore wrong, and "A commits extortion despite there being no threat or fear-induced delivery" fails because no threat inducing delivery is stated.
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