Offence against property MCQ Quiz - Objective Question with Answer for Offence against property - Download Free PDF

The correct answer is 'Robbery'

Key Points

• Robbery:
  • Robbery is defined under Section 390 of the Indian Penal Code (IPC). It is an aggravated form of theft or extortion where the offender causes or threatens to cause harm to a person to take their property.
  • In the given scenario, 'A' meets 'B' on the National Highway, shows him a pistol, and demands his purse. This act involves threatening 'B' with a weapon (fear of instant harm) to extort his property.
  • The use of force or fear of instant harm to compel someone to surrender their property constitutes robbery.
  • Hence, 'A' has committed the offense of robbery by threatening 'B' with a pistol and extorting his purse.

Additional Information

• Theft:
  • Theft is defined under Section 378 of the IPC. It involves taking someone’s property dishonestly without their consent and without the use of force or fear.
  • In the given scenario, 'A' used a pistol to instill fear, which differentiates the act from theft. Theft does not involve threats or violence.
  • Therefore, theft is not applicable here.
• Dacoity:
  • Dacoity is defined under Section 391 of the IPC. It involves the robbery committed by five or more persons acting together.
  • In the given case, only one person, 'A,' is involved, and hence the act cannot be classified as dacoity.
• None of the above:
  • This option implies that no offense has been committed. However, the scenario clearly indicates that 'A' has committed robbery by threatening 'B' and extorting his purse.
  • Therefore, this option is incorrect.

The correct answer is 'Section 404 IPC'

Key Points

• Section 404 IPC:
  • Section 404 of the Indian Penal Code deals with dishonest misappropriation of property possessed by a deceased person at the time of their death.
  • If someone, knowing that a property was in possession of a deceased person and that it has not been taken into possession by a legally entitled person, dishonestly misappropriates it, they can be punished under this section.
  • The punishment under Section 404 IPC can extend to three years imprisonment and may also include a fine.

Additional Information

• Section 403 IPC:
  • Section 403 IPC deals with dishonest misappropriation of property in general, but does not specifically address property in possession of a deceased person.
  • It covers situations where a person dishonestly misappropriates or converts any movable property for their own use.
• Section 405 IPC:
  • Section 405 IPC defines criminal breach of trust. It involves a person entrusted with property or having dominion over it, dishonestly misappropriating or converting it for their own use or violating any direction of law prescribing the mode of its discharge.
  • This section deals with breaches of trust, rather than misappropriation of property of a deceased person.
• Section 408 IPC:
  • Section 408 IPC pertains to criminal breach of trust by a clerk or servant.
  • It specifically addresses cases where clerks or servants commit criminal breach of trust in respect to property entrusted to them by their employer.

The correct answer is 'Mischief'

Key Points

• Mischief:
  • According to Section 425 of the Indian Penal Code (IPC), mischief is committed when someone intentionally causes destruction, damage, or loss to another person’s property with a wrongful intention.
  • In the given scenario, A throws B’s ring into the river with the intention of causing wrongful loss to B. This act satisfies the definition of mischief as A deliberately destroys or renders the property (ring) useless, which is harmful to B.
  • The act is not done accidentally but with a clear intention to harm B, which is a key element in defining mischief under IPC.
  • Thus, A’s action qualifies as mischief.

Additional Information

• Theft:
  • Theft, as defined under Section 378 of IPC, involves the dishonest taking of movable property out of a person’s possession without their consent, with the intention to permanently deprive them of it.
  • In this case, A did not take the ring for themselves or for permanent possession, but rather destroyed it by throwing it into the river. Therefore, it does not qualify as theft.
• Extortion:
  • Extortion, as per Section 383 of IPC, involves putting someone in fear of injury and dishonestly inducing them to deliver property or valuable security.
  • Here, there is no evidence of A putting B in fear or inducing B to deliver the ring. Hence, it is not extortion.
• No Offence:
  • For an act to be considered 'no offence,' it must lack the essential ingredients of a crime, such as wrongful intention or harm.
  • In this case, A acted with wrongful intention by throwing the ring into the river, clearly causing harm to B. Therefore, it cannot be classified as 'no offence.'

The correct answer is Option 3.

Key PointsSection 380 of IPC:
Theft in dwelling house, etc.—
Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 

The correct answer is 

Key Points Section 459 – IPC (Grievous Hurt during Lurking House-Trespass or House-Breaking)
Whoever, while committing lurking house-trespass or house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt, shall be punished with:

• Imprisonment for life, or
• Imprisonment of either description for a term up to 10 years, and
• Shall also be liable to fine.

Classification under Schedule I of CrPC:

• Offence: Grievous hurt caused while committing lurking house-trespass or house-breaking
• Punishment: Imprisonment for life or imprisonment up to 10 years + Fine
• Cognizance: Cognizable
• Bail: Non-bailable
• Triable by: Court of Session

The correct answer is Section 326A

Key PointsAs per Section 326A talks about Voluntarily causing grievous hurt by use of acid, etc.-- Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

The correct option is Extortion.

Key Points

• Extortion:-
  • It is defined under Section 383 of the Indian Penal Code, 1860.
  • This section says that any person who intentionally puts another person in fear of injury and dishonestly induces him or her to deliver any valuable property or anything signed which can be converted into valuable security is said to have committed extortion.
  • Example:
    • If D threatens A that he will keep A’s child in wrongful confinement and will kill him unless A delivers to him a sum of Rupees one lakh.
    • Then D has committed extortion.
  • Essentials of extortion:-
    • The person committing the offence should intentionally put the victim in fear of injury.
      • The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and forcing him to give his property.
    • The person committing the offence should dishonestly induce the victim so to put in fear to part with his (the victim’s) property.
  • Case:- R.S. Nayak v. A.R Antulay
    • In the landmark case, A.R. Antulay, a CM, promised the sugar cooperatives whose cases were pending before the government for consideration that their cases would be looked into if they donated money.
    • It was held that fear or threat should be used for extortion and since in this case, there was no fear of injury or threat it would not amount to extortion.
  • Punishment for extortion:-
    • Section 384 of the Indian Penal Code defines the punishment for extortion.
    • It states that any person who commits extortion shall be punished with imprisonment of up to 3 years or with fine or with both.

The correct option is Preparation.

Key Points

• Section 399 of the Indian Penal Code defines the offence of making preparations to commit dacoity.
• A dacoity is a form of robbery involving a group of people.
• The stages of the commission of an offence:
  • Intention:
    • At the stage of intention, no crime has been committed yet.
    • Intent alone is generally not sufficient to attract punishment under the IPC.
    • Intent becomes relevant when coupled with other actions that progress towards the commission of the offence.
  • Preparation:
    • Section 399 specifically deals with the stage of preparation to commit dacoity.
    • Making preparations is a step beyond mere intention.
    • The mere preparation may not attract punishment under the IPC.
    • It becomes more relevant when it progresses further.
  • Attempt:
    • Attempting to commit a crime involves taking concrete steps towards the commission of the offence but falling short of completing it.
    • Attempt to commit dacoity is punishable under Section 399 read with Section 402 of the IPC.
  • Commission:
    • The actual commission of the crime is the final stage.
    • If the offence is completed, it attracts punishment under the relevant section of the IPC.
• At the stage of "Preparation," it may not be sufficient to attract punishment under the IPC.
• The relevant stage for punishment would generally be the "Attempt" or "Commission" of the offence.

The correct answer is ​Robbery

Key Points Section 390 talks about Robbery.—In all robbery there is either theft or extortion.

• When theft is robbery.— Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
• When extortion is robbery.— Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

The correct answer is option 2.Key Points

• Section 409 of Indian Penal Code 1860 deals with Criminal breach of trust by public servant, or by banker, merchant or agent.
• Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.​

The correct answer is option 3.Key PointsSection 462:- Punishment for same offence when committed by person entrusted with custody

• Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
   

The correct option is 405.

Key Points

• Section 405 of the Indian Penal Code, 1860, defined the offence of criminal breach of trust.
• According to this provision, it involves dishonestly misappropriating or converting another person’s property for personal use.
• Section 405 of the Indian Penal Code states:
  • “Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust.”
• It is important to note that the term “property” mentioned in the section encompasses both movable and immovable assets.
• Case:- R.K. Dalmia v. Delhi Administration (1962)
  • The Supreme Court has interpreted the word “property” in Section 405 IPC to have a broad meaning that includes various types of assets, not just limited to physical objects.
• The term “entrust” holds great significance in Section 405 IPC.
  • It refers to the act of handing over property to another person for specific purposes.
  • It is important to note that entrusting the property to someone does not grant them full ownership or proprietary rights over it.
  • While they may have significant control or authority over the property, they cannot claim lawful ownership.
  • The person entrusted with the property can misuse, convert, use, or dispose of it.
• Example:
  • An employee misappropriates funds entrusted to them by their employer.
  • A financial advisor uses clients’ funds for personal investments without their knowledge or consent.
  • A trustee diverts trust funds for their personal use.
  • A partner in a business misusing company funds for personal expenses.

Additional Information

• Section 401: Punishment for belonging to a gang of thieves.
• Section 402: Assembling to commit dacoity.
• Section 403: Dishonest misappropriation of property.

The Correct answer is Attempting to commit theft

Key Points As per Section 378 Theft is defined as the act where an individual, with an intent to dishonestly take moveable property from someone's possession without the owner's consent, physically displaces said property to facilitate its taking.

• Explanation 1 clarifies that an object attached to the earth is not considered moveable and therefore not susceptible to theft until it is detached from the earth.
• Explanation 2 indicates that the act of moving an object can constitute theft if it coincides with the act of detaching it from its place.
• Explanation 3 elaborates that causing an object to move can involve removing an obstacle that prevented its movement or detaching it from another object, in addition to directly moving the item itself.
• Explanation 4 expands on this by stating that prompting an animal to move is considered as moving the animal itself and any other objects that are moved as a result of the animal’s motion.
• Explanation 5 specifies that the consent required in the theft definition can be explicit or implicit, provided either by the individual possessing the item or by someone authorized to give consent on their behalf, whether that authorization is explicit or implicit.

The correct answer is Criminal Misappropriation 

Key PointsSection 403 of the Indian Penal Code addresses the act of dishonestly misappropriating or converting movable property for personal use. The prescribed punishment for this offence is imprisonment, which may extend to two years, or a fine, or a combination of both.

The correct answer is option 2.

 Key Points

• Criminal breach of trust, as delineated under the Indian Penal Code (IPC), fundamentally revolves around the concept of 'entrusted property'.
• It specifies how the person entrusted with property, or with any dominion over property, commits an offence if he dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust.

Additional Information

•  
  The IPC, under sections 405 to 409, encapsulates various forms of criminal breach of trust, elaborating on the essential component of 'entrustment' and the subsequent breach thereof.
• Section 405 - Criminal Breach of Trust: This section defines what constitutes the offence of criminal breach of trust.
• Section 406 - Punishment for Criminal Breach of Trust: This section prescribes the punishment for committing criminal breach of trust, reinforcing the seriousness with which the law views the breach of trust over entrusted property. It serves as a deterrent against the misuse of such entrusted property.
• Section 407 - Criminal Breach of Trust by Carrier, etc.: Section 407 specifically deals with persons entrusted with property as carriers, wharfingers, etc., and prescribes a higher quantum of punishment for such persons if they commit criminal breach of trust. This variation in the section highlights that the nature of entrustment—especially in professional or operational capacities—bears significant legal responsibilities and consequences upon breach.
• Section 408 - Criminal Breach of Trust by Clerk or Servant: Similar to Section 407, this section focuses on clerks, servants, or employees entrusted with property or with dominion over property. The differentiation in punishment underscores the critical role of trust in fiduciary relationships within employment contexts.
• Section 409 - Criminal Breach of Trust by Public Servant, or by Banker, Merchant or Agent: This section deals with public servants and certain professionals like bankers, merchants, or agents, stipulating even harsher penalties for breaches of trust by such individuals. Recognizing the higher degree of trust placed in these positions by virtue of their public or professional roles, the law imposes stringent measures for any breaches involving entrustment of property.