UPSC CISF-AC-EXE

A person commits the offence of Criminal Breach of Trust if he

• 1. misappropriates the property he is entrusted with.
• 2. misappropriates the property having any dominion over the same.
• 3. misappropriates with dishonest intention.
• 4. converts it to his own use.

Select the correct answer using the code given below :

[amp_mcq option1=”1 and 3 only” option2=”1, 2 and 3 only” option3=”2 and 4 only” option4=”1, 2, 3 and 4″ correct=”option4″]

The correct answer is D) 1, 2, 3 and 4.

Section 405 of the IPC defines Criminal Breach of Trust. The definition includes being entrusted with property or having dominion over property (points 1 and 2), and dishonestly misappropriating it or converting it to one’s own use (points 3 and 4). All four points represent essential aspects or actions that constitute the offence as described in the section.

Criminal breach of trust requires: (a) entrustment or dominion over property, and (b) dishonest misappropriation, conversion, or use/disposal in violation of law/contract, or wilfully suffering others to do so. Options 1, 2, 3, and 4 cover these elements comprehensively.

Criminal Breach of Trust is defined under

[amp_mcq option1=”Section 405 of the Indian Penal Code, 1860″ option2=”Section 403 of the Indian Penal Code, 1860″ option3=”Section 415 of the Indian Penal Code, 1860″ option4=”Section 410 of the Indian Penal Code, 1860″ correct=”option1″]

The correct answer is A) Section 405 of the Indian Penal Code, 1860.

Section 405 of the Indian Penal Code, 1860, provides the definition of the offence of Criminal Breach of Trust.

Section 403 defines Dishonest Misappropriation of Property. Section 415 defines Cheating. Section 410 defines Stolen Property.

“A” without taking permission from “Z” scales the wall of “Z”s house at night and enters “Z”s house through a window. “A” has committed the offence of

[amp_mcq option1=”Criminal Trespass.” option2=”House Breaking by Night.” option3=”Lurking House Trespass by Night.” option4=”House Trespass.” correct=”option2″]

The correct answer is B) House Breaking by Night.

The act described involves entering a house (“Z”s house) in a manner that constitutes house-breaking (scaling a wall and entering through a window are specified methods in Section 445 – House Breaking). Since the act is committed “at night”, it constitutes House Breaking by Night, which is an aggravated form of house-breaking defined under Section 446 of the IPC.

Criminal Trespass (A) is the basic offence. House Trespass (D) is a specific type of criminal trespass involving a building. Lurking House Trespass by Night (C) involves taking precautions to conceal the trespass. While elements of these might be present, “House Breaking by Night” is the most specific and complete description of the offence based on the facts provided (scaling wall, entering via window, at night).

Punishment for Mischief by fire or explosive substance with intent to destroy house has been prescribed in which one of the following Sections of the Indian Penal Code, 1860 ?

[amp_mcq option1=”Section 436″ option2=”Section 435″ option3=”Section 437″ option4=”Section 434″ correct=”option1″]

The correct answer is A) Section 436.

Section 436 of the Indian Penal Code, 1860, specifically prescribes the punishment for committing mischief by fire or any explosive substance with intent to destroy, or knowing it to be likely that one will thereby cause the destruction of, any building which is ordinarily used as a human dwelling, or as a place for worship, or as a place for the custody of property.

Section 435 deals with mischief by fire or explosive substance causing damage above a certain value, but not necessarily directed at destroying a house. Sections 434 and 437 deal with other specific types of mischief.

“A” causes cattle to enter upon a field belonging to “Z”, intending to cause and knowing that he is likely to cause damage to “Z”s crop. “A” has committed the offence of

[amp_mcq option1=”Theft.” option2=”Mischief.” option3=”Criminal Trespass.” option4=”Criminal Misappropriation.” correct=”option2″]

The correct answer is B) Mischief.

Section 425 of the IPC defines Mischief. It involves causing destruction to property, or any such change in property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, with intent to cause, or knowing that one is likely to cause, wrongful loss or damage to the public or to any person. Causing cattle to enter and damage crops perfectly fits this definition.

Theft (A) involves taking movable property. Criminal Trespass (C) involves unauthorized entry onto property with specific intent. Criminal Misappropriation (D) involves dishonestly taking or converting property. None of these accurately describe the act of intentionally causing damage to property by letting cattle graze.

“A” finds a ring lying on the highway and keeps it with him. Which one of the following statements is correct ?

[amp_mcq option1=”"A" has committed the offence of theft.” option2=”It is not theft because the ring was not in possession of anyone.” option3=”It is theft because the intention of "A" was dishonest.” option4=”It is theft because the property is immovable and "A"s intention is dishonest.” correct=”option2″]

The correct answer is B) It is not theft because the ring was not in possession of anyone.

The offence of theft under Section 378 of the IPC requires the movable property to be taken “out of the possession of any person”. When a ring is found lying on the highway, it is considered lost property and is generally not deemed to be in the immediate possession of any specific person.

While “A” may have a dishonest intention in keeping the ring without attempting to find the owner, finding lost property and dishonestly misappropriating it falls under the offence of Dishonest Misappropriation of Property (Section 403 IPC), not theft. Theft specifically requires taking from possession.

Under the Indian Penal Code, 1860, which one of the following statements about “Theft” is correct ?

[amp_mcq option1=”It is defined under Section 379 of the Code.” option2=”It applies to both movable and immovable property.” option3=”Delivery of property is essential.” option4=”Property should be in possession of someone.” correct=”option4″]

The correct answer is D) Property should be in possession of someone.

Section 378 of the Indian Penal Code, 1860, defines theft as taking movable property out of the possession of any person without that person’s consent, with the intention of taking it dishonestly. The requirement that the property must be in the possession of someone is a fundamental element of theft.

Option A is incorrect because Section 379 deals with the punishment for theft, not its definition. Option B is incorrect because theft applies only to movable property (Section 378). Option C is incorrect; theft involves taking without consent, not receiving property through delivery (which implies consent).