Question
Consider the following statements regarding criminal
breach of trust under Section 405 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Criminal breach of trust requires that property be entrusted to the person with an explicit written agreement. Statement 2: A person in dominion over entrusted property who dishonestly misappropriates it or converts it to personal use commits criminal breach of trust. Statement 3: Criminal breach of trust requires dishonest intention; negligent mishandling of entrusted property is insufficient. Statement 4: If a person violates the mode of discharge of trust as prescribed by law or legal contract, it constitutes criminal breach of trust even if there is no misappropriation. Which statements are correct?Solution
Section 405 of BNS, 2023 defines criminal breach of trust 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, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode...of discharge of such trust..." Statement 2 is correct—dominion and dishonest conversion/misappropriation are key. Statement 3 is correct—dishonest intention (not negligence) is required. Statement 4 is correct—violation of prescribed mode of discharge is criminal breach of trust. Statement 1 is incorrect—entrustment can be "in any manner"; explicit written agreement is not required. Statements 2, 3, and 4 are correct.
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