● Retained in BNS
Theft by a clerk or servant of property in their master or employer's possession carries up to 7 years' imprisonment and fine under BNS Section 306, unchanged from IPC 381 -- and, unlike ordinary theft from a dwelling, it is compoundable with the court's permission.
Section 381 IPC punished a clerk or servant, or someone employed as one, who committed theft of property in the possession of their master or employer, with imprisonment of either description up to 7 years, and fine.
BNS Section 306 reproduces the offence verbatim, word for word -- no substantive change.
Unchanged in substance. Pure renumbering from IPC 381 to BNS 306.
Imprisonment of either description up to 7 years, and fine..
IPC 381 is non-bailable..
This is a cognizable. offence.
Compoundable with the permission of the court, by the owner of the property stolen..
Matters under IPC 381 are tried before the Any Magistrate..
Common defences include the absence of an actual employer-employee or master-servant relationship, a bona fide claim of right over the property, and absence of dishonest intention.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons