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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?
X is not guilty of criminal misappropriation as he did not make any personal gain out of those items with him.
X is liable for criminal misappropriation and embezzlement.
X is liable for theft as he took A’s property without X’s permission.
If at all X is liable, it is for criminal misappropriation only.
X is liable for misappropriation and embezzlement, as is clear from the straight application of the principle. X made an illegal use of the valuables that belonged to A. X misused his position of trust since it was his duty to keep the valuables in safe custody. X has committed embezzlement because he misappropriated the money that had been entrusted to him by A.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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