Correct option is B
In the case of criminal misappropriation, the subsequent intention must be dishonest. Under Section 403 of the Indian Penal Code (IPC), criminal misappropriation occurs when someone dishonestly misappropriates or converts to their own use any movable property. The key element of this offense is the dishonest intent to deprive the rightful owner of their property.
Information Booster
Criminal Misappropriation (Section 403, IPC)
Criminal misappropriation refers to situations where a person lawfully gains possession of property but later forms a
dishonest intention to appropriate it for their personal use or benefit. The crucial element here is the development of
dishonest intent after coming into possession of the property, leading to its wrongful conversion.
Key elements:
1.
Possession: The property is initially in lawful possession of the person.
2.
Subsequent Dishonest Intention: At some point, the person develops an intention to misappropriate the property in a dishonest manner.
3.
Movable Property: The misappropriated property must be movable.
For example, if a person finds someone’s wallet on the street and decides to keep it instead of returning it to the rightful owner, this constitutes criminal misappropriation if there is
dishonest intent to permanently deprive the owner of the property.
Dishonest Intent (Defined under IPC)
According to
Section 24 of the IPC, a person is said to do an act dishonestly if they do so with the intention of causing wrongful gain to one person or wrongful loss to another. In the context of criminal misappropriation, the dishonest intent is crucial for constituting the offense.
Additional Knowledge
(a) Fraudulent
Fraudulent intent relates to deceit or cheating. Although fraud involves deception, criminal misappropriation is specifically concerned with dishonesty in dealing with someone else's property, not necessarily with fraudulent conduct. Therefore, "fraudulent" is not the correct option in this context.
(c) Innocent
An
innocent intention would imply no wrongful motive or intent to misappropriate property. In criminal misappropriation, however, the essential element is
dishonesty, so an innocent intention would not result in the crime being committed.
(d) Illegal
An
illegal act means something prohibited by law, but it is not specific enough for this context. Criminal misappropriation specifically requires a
dishonest intention, which makes "illegal" an incorrect answer here.
