‘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
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2020
– 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.
– 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.