‘A’ before going on a pilgrimage entrusts to ‘B’ the key of his house to use and take care of it under a contract that it shall be returned on payment of stipulated sum when ‘A’ comes back. ‘B’ sells the furniture of ‘A’. By doing so ‘B’ has committed the offence of
Dishonest misappropriation of property
Cheating
Theft
Criminal breach of trust
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2017
– In this case, ‘B’ was implicitly entrusted with the care and safety of the furniture within the house, which was under his control via the key. His act of selling the furniture was dishonest and in violation of the trust placed in him.
– Cheating (Section 415 IPC) involves deception leading to delivery of property or alteration of conduct causing harm. While there is dishonesty, the core offence here is the misuse of entrusted property.
– Theft (Section 378 IPC) involves taking movable property out of the possession of another without consent, with dishonest intent. While B takes the furniture, his possession of the house (and implicitly its contents for care) changes the nature of the offence from simple theft to breach of trust, as he was in lawful possession/control before the dishonest act.