Ambuj, who was executor to the will of a deceased person Raj, dishonestly disobeyed the law which directed him to divide the effects according to the will and appropriated them to his own use. Discuss in detail the kind
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Ambuj, who was executor to the will of a deceased person Raj, dishonestly disobeyed the law which directed him to divide the effects according to the will and appropriated them to his own use. Discuss in detail the kind of offence committed by Ambuj under the Bhartiya Nyaya Sanhita, 2023. What are the punishments prescribed under the Act for various kinds of such offence?
Answer & Explanation:
According to Section 316 of the Bhartiya Nyaya Sanhita, 2023 (BNS), 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 in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. In given situation, Ambuj has committed an offence of criminal breach of trust because he dishonestly disobeyed the law which directed him to divide the effects according to the will and appropriated them to his own use. BNS provides different punishments for Criminal Breach of Trust under different circumstances. These situations and the punishments mentioned therefor are provided hereunder: Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Topics: Bharatiya Nyaya Sanhita, 2023
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