What is meant by "gaining wrongfully" under Section 2(38) of Bharatiya Nyaya Sanhita?

  1. Only when a person unlawfully acquires property
  2.  When a person either unlawfully acquires or retains property
  3. When a person receives property as a gift
  4. When a person purchases property legally

Answer (Detailed Solution Below)

Option 2 :  When a person either unlawfully acquires or retains property

Detailed Solution

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The correct answer is Option 2.

Key Points Section 2 (38) of Bharatiya Nyaya Sanhita: “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully.Aperson is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property

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