All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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34.

A give B Rs. 25,000/- to buy a television from a store. B runs away with the money. Which of the following statements is the most accurate application of the principle below?


Principle :

A person commits theft when such person, to take dishonestly any movable property out of the possession of any other person without that person's consent, moves that property in order to perform such taking. The offence of criminal breach of trust is committed when a person who is entrusted in any manner with property or with dominion over it, dishonestly misappropriates it, or converts it to his own use, or dishonestly uses it or dispose of it, in violation of law or of any lawful contract.

A: B has committed the offence of theft and criminal breach of trust.
B: B has committed the offence of theft only and not criminal breach of trust.
C: B has committed the offence of criminal breach of trust only and not theft.
D: B has committed no offence.
E: B has committed the offence of theft, but will also be guilt of criminal breach of trust if he converts the money to his use.

The answer is: C

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Explanation

The correct option is C : B has committed the offence of criminal breach of trust only and not theft.

This is because, according to the principle, theft requires the dishonest taking of movable property out of the possession of another person, whereas criminal breach of trust requires the dishonest misappropriation or conversion of property entrusted to a person. In this case, A gave B Rs. 25,000/- to buy a television from a store, which means that A entrusted B with the money and B had the dominion over it. B ran away with the money, which means that B dishonestly misappropriated or converted the money to his own use, in violation of the contract with A. Therefore, B has committed the offence of criminal breach of trust under Section 405 of IPC, 1860. However, B has not committed the offence of theft, as he did not take the money out of A's possession, but rather received it with A's consent.

Therefore, B has not fulfilled the essential ingredient of theft under Section 378 of IPC, 1860².