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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Meena keeps her jewellery with her spouse, who holds it on her account. A dispute arises about whose possession it is in. Under the General explanations of the Bharatiya Nyaya Sanhita, 2023, what is the position?

The jewellery is treated as being in Meena's possession. Property held by a person's spouse, clerk or servant on that person's account is regarded as that person's own possession under the Sanhita.

  1. AThe jewellery is in Meena's possession, as it is held by her spouse on her accountCorrect
  2. BThe jewellery is in the spouse's possession alone
  3. CThe jewellery is in nobody's possession
  4. DPossession arises only if held by a permanent clerk or servant, not a spouse

Explanation

Section 3(3) says property in the possession of a person's spouse, clerk or servant on account of that person is in that person's possession. A spouse is expressly included, so the last option is wrong.

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