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) because the theft occurs in a dwelling house and the property stolen is Government property, both aggravating circumstances under this section
B Y is liable under Section 303 (simple theft) only, because the Government property dimension is covered under a separate statute (Property Protection Act)
C Y is liable under Section 305(2) for theft in a dwelling house, with punishment extending up to seven years imprisonment and fine
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
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
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