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      Question

      A, B’s manager was sent to collect payment from B’s

      customers. A collects the payment but keeps with him. Which of the following options is correct?
      A A has committed criminal misappropriation Correct Answer Incorrect Answer
      B A has committed theft Correct Answer Incorrect Answer
      C A has committed criminal breach of trust Correct Answer Incorrect Answer
      D A has committed cheating Correct Answer Incorrect Answer
      E A has not committed any offence Correct Answer Incorrect Answer

      Solution

      This answer is based on Section 316 of the BNS (which corresponds to Section 405/408 of the old IPC). 1. The Statutory Provision (Section 316 BNS) Criminal Breach of Trust is defined as: "Whoever, being in any manner entrusted with property , or with any dominion over property, dishonestly misappropriates or converts to his own use that property... commits criminal breach of trust." 2. Application to the Scenario

      • Entrustment: A, in his capacity as B's manager, was authorized to collect the payment. When he collected the money, he was entrusted with that property on behalf of his employer (B). The money was legally in his possession, but it belonged to B.
      • Breach: By keeping the money for himself instead of handing it over to B, A violated the legal contract (express or implied) of his employment.
      • Dishonesty: The act of keeping the money constitutes dishonest misappropriation of entrusted property.

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