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Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.
Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?
  • a)
    X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.
  • b)
    X is liable for criminal misappropriation and embezzlement.
  • c)
    X is liable for theft as he took A’s property without X’s permission.
  • d)
    If at all X is liable, it is for criminal misappropriation only.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Principle: In criminal law, misappropriation is the intentional, illeg...
He is guilty of criminal misappropriation because he uesd the valuable for his own , but also the guilty of embezzlement because he has given the valuable during his duty for which he is lawfully bounded
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Community Answer
Principle: In criminal law, misappropriation is the intentional, illeg...
Offence committed by X:
- X is liable for criminal misappropriation and embezzlement.
Explanation:
- Misappropriation refers to the intentional and unauthorized use of someone else's property or funds for personal gain or any other unauthorized purpose.
- Embezzlement is a form of misappropriation that occurs when the funds or property involved have been lawfully entrusted to the person who misappropriates them.
- In this case, A entrusted his valuables and cash to X, the guard on duty at the Municipal Swimming Pool, for safe custody.
- X, as a public official responsible for protecting another person's assets, had a duty to care for and safeguard A's belongings.
- However, X breached this duty by selling all the valuables and using the cash for personal purposes, specifically for drinking liquor.
- By intentionally and unlawfully using A's property and funds for personal gain, X committed the offences of criminal misappropriation and embezzlement.
- X's actions meet the criteria for both misappropriation and embezzlement as he had lawful custody of A's belongings and used them without authorization for his own benefit.
- Therefore, the correct answer is B: X is liable for criminal misappropriation and embezzlement.
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Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer?
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Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?a)X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.b)X is liable for criminal misappropriation and embezzlement.c)X is liable for theft as he took A’s property without X’s permission.d)If at all X is liable, it is for criminal misappropriation only.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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