IPC 381 vs BNS 381
● Retained in BNSTheft by clerk or servant of property in possession of master
Section 381 of the Indian Penal Code, 1860, deals with theft committed by a clerk, servant, or employee who dishonestly takes movable property entrusted to them by their master or employer. This provision recognizes the breach of trust involved when someone in a position of responsibility misappropriates property.
Key points:
-
Applies to clerks, servants, or employees handling property for someone else.
-
Dishonest intention and lack of consent from the owner are essential elements.
-
Punishment: Imprisonment up to 3 years, or fine, or both.
For example, if a domestic servant steals money or jewelry entrusted to them by the homeowner, it is punishable under IPC 381. The law emphasizes protection of entrusted property and ensures that breach of trust is treated as a criminal offence.
Theft by clerk or servant of property in possession of master
Section 381 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 381. It punishes dishonest misappropriation by clerks, servants, or employees of property entrusted to them, maintaining the same scope and penalties as IPC 381.
Key points:
-
Protects property entrusted to employees or servants.
-
Dishonest intent and lack of consent are critical for conviction.
-
Punishment remains up to 3 years imprisonment, or fine, or both.
For instance, an office clerk who steals office cash or documents falls under BNS 381. This provision ensures accountability of employees and protection of entrusted property, consistent with IPC 381.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 381 to BNS BNS 381.