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    Question

    Under Section 305(2) of the BNS, 2023, Y, an

    electrician, enters a residential apartment during maintenance hours using legitimate access. While inside, Y dishonestly removes copper wiring from the building's electrical circuit, intending to sell it for scrap metal. The wiring is Government-owned property provided as part of a subsidized housing scheme for economically weaker sections. Y knows this fact. Which of the following correctly determines Y's criminal liability and the applicable punishment ?
    A Y is liable under Section 305(2) for theft in a dwelling house, with punishment extending up to seven years imprisonment and fine Correct Answer Incorrect Answer
    B Y is liable under Section 303 (simple theft) only, because the Government property dimension is covered under a separate statute (Property Protection Act) Correct Answer Incorrect Answer
    C Y is liable under Section 305(2) because the theft occurs in a dwelling house and the property stolen is Government property, both aggravating circumstances under this section Correct Answer Incorrect Answer
    D Y's liability is limited to simple theft with punishment of 3 years because electrical fixtures are not movable property within the legal definition Correct Answer Incorrect Answer
    E Y is liable under Section 305(2) but only if the dwelling house was locked or secured; theft from unlocked premises attracts simple theft provisions Correct Answer Incorrect Answer

    Solution

    Explanation: Section 305(2) of the BNS, 2023 provides: "Whoever commits theft in any building, tent, or vessel used as a human dwelling or property custody, any means of transport for goods or passengers, or any property belonging to the Government or a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." The section specifically identifies Government property as one of the aggravating circumstances. In Y's case, two aggravating factors are present: (i) theft in a dwelling house; and (ii) the stolen property belongs to the Government. Both factors independently trigger Section 305(2), and their combination clearly establishes Y's liability under this section. Copper wiring, once severed from the structure, becomes movable property. The section does NOT require the premises to be lockedтАФit simply prohibits theft from specified locations/property. Thus, option (C) correctly applies Section 305(2) by identifying both aggravating circumstances.

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