Correct option is D
The correct answer is (d) None of the above. In this scenario, 'A' has not committed any of the offences listed. Since the ring was not in anyone's possession and was found lying on the road, 'A' did not take it dishonestly from another person.
· Explanation:
· Theft (a): Defined under Section 378 of the Indian Penal Code (I.P.C.), requires dishonest taking of property out of someone's possession without their consent. In this case, the ring was not in anyone's possession, so no theft has occurred.
· Criminal Misappropriation (b): Under Section 403 I.P.C., criminal misappropriation involves dishonestly misappropriating or converting to one’s own use any property belonging to another. However, if 'A' had intended to return the ring or find its rightful owner but failed to do so, it could be considered misappropriation. Since this intent is not clear from the scenario, and 'A' simply kept the ring, this provision does not automatically apply.
· Criminal Breach of Trust (c): Defined under Section 405 I.P.C., involves entrustment of property and subsequent dishonesty in dealing with it. There was no entrustment of the ring to 'A', so this offence does not apply.
Information Booster:
1. Property on High Road: Items found in a public place that are not in anyone’s possession do not immediately constitute theft or criminal misappropriation unless there is dishonest intent.
2. Dishonest Intent: For theft or misappropriation to occur, there must be clear dishonest intent, such as keeping the item with no intention to return or find the owner.
3. Lost and Found: If 'A' had knowledge of the rightful owner or intended to misappropriate the ring instead of returning it, he could potentially be guilty of criminal misappropriation.
4. Section 404 I.P.C.: Addresses dishonest misappropriation of property found under circumstances leading to the belief that the owner cannot be found, which may apply if further facts were added.
Codes :
