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Mumbai University · FY LLB · Sem II
'A', reposing trust in employee 'B', gives him the keys of a jewellery shop for two days because 'A' is unwell. 'B' stea
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'A', reposing trust in employee 'B', gives him the keys of a jewellery shop for two days because 'A' is unwell. 'B' steals all the jewellery. (a) Which offence is committed by 'B'? (b) Explain offences relating to property.
Q3Situational QuestionsAttempt all 4 situations · 5 marks each · Total: 20 marks2024
Q3.45 Marks'A', reposing trust in employee 'B', gives him the keys of a jewellery shop for two days because 'A' is unwell. 'B' steals all the jewellery. (a) Which offence is committed by 'B'? (b) Explain offences relating to property.

Part (a) — Offence Committed by B

Facts:

A (employer) entrusts B (employee) with keys to the jewellery shop in a position of trust. B misappropriates the jewellery for personal gain.

B is guilty of Criminal Breach of Trust under BNS S316 (corresponding to IPC S405 / S409 — by servant/agent in position of trust).

Why not Theft? In theft, the accused takes property without the owner's consent at the time of taking. Here, B was lawfully entrusted with the keys and access to the property. The dishonest misappropriation occurred after lawful possession, making it criminal breach of trust, not theft.

Essential Elements satisfied:

  • ✅ Entrustment — A entrusted B with keys (fiduciary relationship)
  • ✅ Dishonest intention — B misappropriated for own benefit
  • ✅ Conversion/misappropriation — All jewellery taken

Punishment (BNS S316(2)/IPC S409 — by employee/agent): Imprisonment up to 7 years + fine.

Part (b) — Offences Relating to Property

Property offences under BNS are systematically organised based on the nature and manner of taking property:

Classification of Property Offences
🔴 Theft (BNS S303 / IPC S378): Taking movable property dishonestly, without consent, moving it out of possession
🟠 Extortion (BNS S308 / IPC S383): Inducing delivery by putting person in fear of injury (present/future)
🔴 Robbery (BNS S309 / IPC S390): Theft/extortion + instant force/fear of hurt/death
🔴 Dacoity (BNS S310 / IPC S391): Robbery by 5+ persons
🟡 Criminal Misappropriation (BNS S314 / IPC S403): Dishonest use of property that came into possession innocently
🟡 Criminal Breach of Trust (BNS S316 / IPC S405): Entrusted property dishonestly misappropriated
🔵 Cheating (BNS S318 / IPC S415): Deception inducing delivery — fraudulent/dishonest intent
🟢 Mischief (BNS S324 / IPC S425): Causing wrongful loss/damage to property (no benefit to accused)
🟢 Criminal Trespass (BNS S329 / IPC S441): Entering another's property without consent to commit offence
G.V. Rao v. LHV Prasad (2000) — Supreme Court: The definition of cheating extends beyond property to include harm to body, mind, and reputation.