Naveen takes property belonging to Ganesh out of Ganesh possession in good faith belonging at the time when he takes it that the property belongs to himself. Later on Naveen discovers his mistake, dishonestly misappropri

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2019
Naveen takes property belonging to Ganesh out of Ganesh possession in good faith belonging at the time when he takes it that the property belongs to himself. Later on Naveen discovers his mistake, dishonestly misappropriates the property to his own use. Explain what offence he has done ?

Answer & Explanation:

Sections 403 and 404 of the Indian Penal Code, 1860 deal with Criminal Misappropriation of Property. According to Section 403 of the Indian Penal Code, 1860, whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. In the present case, Naveen takes property belonging to Ganesh out of Ganesh's possession, in good faith believing at the time when he takes it, that the property belongs to himself. Naveen is not guilty of theft; but if Naveen, after discovering his mistake, dishonestly appropriates the property to his own use, Naveen is guilty of an offence under this section.

Topics: Criminal Law

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