CHAPTER XVI
OF OFFENCES RELATING TO RELIGION
S.298 BNS / S.295 IPC INJURING OR DEFILING PLACE OF WORSHIP, WITH INTENT TO INSULT THE RELIGION OF ANY CLASS.
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Q. Which of the following is correct:
(a) Offence is necessarily an immoral act
(b) Offence is an illegal act
(c) Offence is necessarily an act against society.
(d) Offence is necessarily an act against religion.
Ans.(d)
S.299 BNS / S.295A IPC DELIBERATE AND MALICIOUS ACTS, INTENDED TO OUTRAGE RELIGIOUS FEELINGS OF ANY CLASS BY INSULTING ITS RELIGION OR RELIGIOUS BELIEFS.
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
S.300 BNS / S.296 IPC DISTURBING RELIGIOUS ASSEMBLY.
Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
S.301 BNS / S.297 IPC TRESPASSING ON BURIAL PLACES, ETC.
Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Q. If a person, with a knowledge that the feelings of group of people is likely to be wounded, trespasses a place set apart for the performance of funeral rights, he commits a crime described under Section:
(a) Section 302, Bhartiya Nyaya Sanhita, 2023
(b) Section 301, Bhartiya Nyaya Sanhita, 2023
(c) Section 298, Bhartiya Nyaya Sanhita, 2023
(d) Section 300, Bhartiya Nyaya Sanhita, 2023
Ans. (b)
S.302 BNS / S.298 IPC UTTERING WORDS, ETC., WITH DELIBERATE INTENT TO WOUND RELIGIOUS FEELINGS.
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that persons or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
S.303 BNS / S.378 IPC THEFT
1. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
EXPLANATION 1: —
§ A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
EXPLANATION 2: —
§ A moving effected by the same act which effects the severance may be a theft.
EXPLANATION 3: —
§ A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
EXPLANATION 4: —
§ A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
EXPLANATION 5: —
§ The consent mentioned in this sectionmay be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
ILLUSTRATIONS.
a. A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
b. A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A.
c. A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure
d. A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.
e. Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.
f. A find a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.
g. A find a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.
h. A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
i. A deliver his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.
j. If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly.
k. Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly.
l. A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefor committed theft.
m. A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.
n. A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.
o. A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.
p. A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not take dishonestly, he does not commit theft.
2. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine:
Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service.
Q. Which one of the following is hot correct?
(a) for theft property must be moveable
(b) for theft property must be removed out of the possession of the owner of property
(c) for theft property should have been removed for taking it away
(d) for theft property should be removed dishonestly
Ans. (b)
Q. A cuts down a tree on Z's ground with the intention of dishonestly taking the tree out of Z's possession without Z's consent. For which offence A is liable?
(a) Theft
(b) Mischief
(c) Breach of trust
(d) None of the above
Ans. (a)
Q. The correct understanding of the offence of theft as defined in Section 303(1), BNS is:
(a) The offence of theft is committed the moment one takes into possession another's property
(b) Moving of property out of the possession of another without his consent
(c) Dishonest taking of any movable property but of the possession of another
(d) None of the above
Ans. (c)
Q. Which one of the following is accepted as mens rea for constituting the offence of theft?
(a) Knowingly
(b) Dishonestly
(c) Voluntarily
(d) Fraudulently
Ans. (b)
Q. Stealing one's own property is:
(a) not at all an offence
(b) an offence under section 314 of BNS
(c) an offence under section 316 of BNS
(d) None of the above
Ans. (d)
Q. Under Bhartiya Nyaya Sanhita, 2023 who among the following is liable for committing theft?
(a) Child below 7 years of age
(b) Child below 8 years of age
(c) Child between 7 and 10 years age
(d) Child between 7 and 12 years of age having maturity of understanding
Ans. (d)
Q. The period for limitation for taking cognizance for an offence punishable under Section 303(2), BNS is:
(a) six months
(b) one year
(c) three years
(d) no limitation
Ans. (c)
Q. In an offence of criminal breach of trust, what is necessarily involved?
(a) Registered society
(b) Registered trust
(c) Registered or unregistered trust
(d) Property
Ans. (d)
Q. In Bhartiya Nyaya Sanhita, 2023, the offence of Criminal Breach of Trust has been dealt with in Section:
(a) 316
(b) 312
(c) 404
(d) 401
Ans. (a)
Q. Criminal breach of trust is an offence signifies:
(a) entrustment
(b) demand
(c) refusal
(d) all of the above
Ans. (a)
Q. If a person entrusted with a property dishonestly converts it to his own use, he commits:
(a) Fraud
(b) Cheating
(c) Criminal misappropriation
(d) Criminal breach of trust
Ans. (d)
Q. Criminal breach of Trust deals with:
(a) Stolen property
(b) Entrusted property
(c) Illegally acquired property
(d) Movable property
Ans. (b)
Q. Which of the following cases is related to Criminal Breach of Trust under Section 316 of BNS?
(a) Barendra Kumar Ghose v. Emperor
(b) J.M, Desai v. State of Bombay
(c) Mahboob Shah v. Emperor
(d) Kedar Nath v. State of West Bengal
Ans. (b)
Q. Which one of the following is the correct group of offences against which right of private defence relating to property can be exercised?
(a) Theft, Extortion, Robbery, Mischief
(b) Theft, Extortion, Mischief, Criminal Trespass
(c) Robbery Mischief, Criminal Trespass, Extortion
(d) Theft, Robbery, Mischief, Criminal Trespass
Ans. (d)
Q. A is invited by B for a cup of tea. While B is in the kitchen preparing tea, A finds a golden ring on the table. He picks it up and places it somewhere in the room with the intention of dishonestly taking it away sometime later. A commits:
(a) no offence
(b) extortion
(c) attempt to commit theft
(d) theft
Ans. (d)
Q. A makes an attempt to steal some jewels by breaking open a box, but finds none. A is guilty of
(a) theft
(b) burglary
(c) dacoity
(d) None of these
Ans. (d)