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

Ravi leaves his watch with his servant Mohan, who holds it on Ravi's behalf. Under the General Explanations of the BNS, in whose possession is the watch for the purposes of the Sanhita?

The watch is in Ravi's possession. Under the General Explanations, property held by a person's spouse, clerk or servant on that person's account counts as that person's possession, and even a temporarily or occasionally employed clerk or servant qualifies.

  1. AMohan only, because he physically holds it
  2. BRavi, because property held by a servant on his account is in his possessionCorrect
  3. CNeither, until Ravi takes it back
  4. DRavi only if Mohan is permanently employed

Explanation

Section 3(3) states property in the possession of a person's spouse, clerk or servant, on that person's account, is in that person's possession. The Explanation extends this to a person employed only temporarily or on a particular occasion, so permanence is not required.

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