‘A’, a carrier, is entrusted by ‘Z’ with property to be carried by lan

‘A’, a carrier, is entrusted by ‘Z’ with property to be carried by land or by water. ‘A’ dishonestly misappropriates the property. Which one of the following offences was committed by ‘A’ ?

Criminal breach of trust
Dishonest misappropriation of property
Mischief
Theft
This question was previously asked in
UPSC CISF-AC-EXE – 2020
When a carrier is entrusted by a person with property to be carried, and the carrier dishonestly misappropriates that property, this act constitutes the offence of Criminal Breach of Trust under Section 405 of the Indian Penal Code, 1860.
– Section 405 IPC defines Criminal Breach of Trust. The key elements are: (1) entrustment of property or dominion over property, and (2) dishonest misappropriation or conversion of that property, or dishonest use or disposal of that property in violation of any legal direction or contract.
– In the given scenario, the carrier (‘A’) is entrusted with the property (‘Z’s property) for a specific purpose (carriage). When ‘A’ dishonestly misappropriates it, all elements of criminal breach of trust are met.
– Theft (Option D) involves taking property out of possession without consent, not necessarily after entrustment. Dishonest misappropriation of property (Section 403 IPC, Option B) is a less severe offence and applies when property is found and then dishonestly misappropriated, not typically when it is acquired through entrustment for a purpose. Mischief (Option C) involves causing destruction or damage to property.
– The relationship between the entruster and the person entrusted is crucial in Criminal Breach of Trust. The property is voluntarily handed over or control is given, unlike theft where property is taken from possession without consent.
– Section 407 IPC specifically deals with Criminal Breach of Trust by a carrier, wharfinger or warehouse-keeper, prescribing a higher punishment (up to seven years imprisonment and fine) compared to general criminal breach of trust (up to three years imprisonment and fine). The act itself is Criminal Breach of Trust; Section 407 is an aggravated form of it.