A had consensual sexual relations with Z wife She gives to A valuable property which A knows to belo...........

Indian Penal Code (IPC) 1860 Offences Against Property

A had consensual sexual relations with Z wife. She gives to A valuable property which A knows to belong to her husband, Z and she has no authority from Z to give. A takes the property dishonestly. Which one of the following offences has been committed by A?

Criminal breach of trust and criminal misappropriation

Theft and criminal breach of trust

Theft

Criminal breach of trust.

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Explanation:

- In this case, A takes property belonging to Z, given by Z's wife without Z's authority.

- Theft (Section 378 IPC): Requires taking of property out of someone's possession without consent and with dishonest intention.

- Criminal Misappropriation (Section 403 IPC): Dishonestly misappropriating or converting property for one’s own use.

- Criminal Breach of Trust (Section 405 IPC): Involves someone entrusted with property dishonestly converting it to their own use.

- Since the property was voluntarily handed over to A (even though without authority), theft is not committed as there is no taking out of possession secretly.

- However, A knowingly misappropriates property he knows belongs to Z, fitting criminal misappropriation.

- Since A was not entrusted formally with the property, criminal breach of trust does not apply.

- So, only Option 3: Theft is directly incorrect and so are others except misappropriation alone.

Option 1 is NOT entirely correct, as only criminal misappropriation applies.

Correct Answer: None of the options is perfectly precise, but closest is “Criminal misappropriation” (if that was present). From given options, criminal misappropriation is most relevant.