Passage Based Questions- 1: Criminal Law | Legal Reasoning for CLAT PDF Download

Read the Passage given below and answer the following questions:

Section 314 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines dishonest misappropriation of property as dishonestly converting to one’s own use movable property belonging to another, knowing it belongs to that person. The offense requires the property to come into the accused’s possession lawfully, followed by a dishonest intention to appropriate it, causing wrongful loss to the owner. Unlike theft, misappropriation does not involve taking property without consent. The punishment under Section 314 is imprisonment for up to two years, a fine, or both. If the property is entrusted to the accused (e.g., as a trustee), the offense becomes criminal breach of trust under Section 314(2), punishable with up to seven years’ imprisonment and a fine. Dishonest intention is established by actions showing intent to deprive the owner permanently or temporarily for personal gain. For example, if a person finds a lost item and uses it knowing the owner’s identity, it may constitute misappropriation. Courts consider factors like the accused’s actions after acquiring the property and whether they attempted to return it. The offense is cognizable and non-bailable if it involves criminal breach of trust, but simple misappropriation is bailable. The prosecution must prove the accused’s knowledge of ownership and dishonest intent. Defenses include lack of dishonesty (e.g., believing the property was abandoned) or consent from the owner.

Q1: Which section of the Bharatiya Nyaya Sanhita, 2023, defines dishonest misappropriation of property?

(A) Section 73
(B) Section 10
(C) Section 314
(D) Section 14

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Answer: (C) Section 314
Explanation: The passage specifies that Section 314 of the BNS defines dishonest misappropriation of property as converting another’s movable property for personal use with dishonest intent.
Why other options are incorrect: (A) Section 73  governs damages; (B) Section 10  relates to contract elements; (D) Section 14  defines free consent.

Q2: What is the maximum punishment for simple dishonest misappropriation under Section 314 of the Bharatiya Nyaya Sanhita, 2023?
(A) Imprisonment up to seven years and a fine
(B) Imprisonment up to two years, a fine, or both
(C) Imprisonment up to three years only
(D) A fine only

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Answer: (B) Imprisonment up to two years, a fine, or both
Explanation: The passage states that simple misappropriation under Section 314 is punishable with imprisonment up to two years, a fine, or both.
Why other options are incorrect: (A) Seven years applies to criminal breach of trust under Section 314(2); (C) Three years is not mentioned; (D) A fine alone is not the maximum punishment.

Q3: Karan, a delivery agent, finds a laptop bag left in a café with the owner’s contact details visible. Knowing it belongs to Meera, he uses the laptop for personal work instead of returning it. Meera reports him to the police. What offense is Karan most likely liable for under the Bharatiya Nyaya Sanhita, 2023?
(A) Dishonest misappropriation under Section 314
(B) Theft under Section 314
(C) Criminal breach of trust under Section 314(2)
(D) Violation of privacy under Article 21

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Answer: (A) Dishonest misappropriation under Section 314
Explanation: The passage defines dishonest misappropriation as converting another’s movable property (laptop) with dishonest intent, knowing the owner’s identity, as Karan does. The property was not entrusted, so it’s not criminal breach of trust.
Why other options are incorrect: (B) Theft requires taking without consent, unlike misappropriation; (C) Criminal breach of trust requires entrustment, not present here; (D) Article 21  is unrelated.

Q4: Tara, a warehouse manager, is entrusted with storing 50 eco-friendly solar panels for a company to support their environmental compliance. She sells 10 panels for personal profit, knowing they belong to the company. The company seeks legal action. Which offense is Tara most likely liable for, and what is the maximum punishment?
(A) Dishonest misappropriation, up to two years’ imprisonment
(B) Criminal breach of trust, up to seven years’ imprisonment
(C) Breach of contract, specific performance
(D) Violation of environmental duties under Article 48-A

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Answer: (B) Criminal breach of trust, up to seven years’ imprisonment
Explanation: The passage states that misappropriation of entrusted property (solar panels) constitutes criminal breach of trust under Section 314(2), punishable with up to seven years’ imprisonment and a fine, as Tara was entrusted as a manager.
Why other options are incorrect: (A) Simple misappropriation doesn’t apply to entrusted property; (C) Specific performance  is a civil remedy; (D) Article 48-A  is irrelevant.

Q5: Vijay finds a wallet with Rs. 5,000 and the owner’s ID in a market. He spends the money despite seeing a reward notice from the owner, Leena. Leena files a complaint. Which evidence best strengthens the prosecution’s case against Vijay for dishonest misappropriation?

(A) Data showing the wallet’s loss had no environmental impact
(B) Testimony that Vijay entered a valid contract with Leena
(C) Evidence that Vijay’s actions violated equality under Article 14
(D) Proof that Vijay knew the wallet belonged to Leena

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Answer: (D) Proof that Vijay knew the wallet belonged to Leena
Explanation: The passage emphasizes that dishonest misappropriation under Section 314 requires proof of the accused’s knowledge of ownership and dishonest intent. Vijay’s knowledge of Leena’s ownership, shown by the ID and notice, strengthens the prosecution’s case.
Why other options are incorrect: (B) Contracts  are irrelevant; (C) Article 14 doesn’t apply; (A) Environmental impact is unrelated.