BNS Section 306 – Theft by clerk or servant of property in possession of master
The Indian Penal Code (IPC) Section – 381
Bharatiya Nyaya Sanhita (BNS) Section 306: Theft by Clerk or Servant of Property in Possession of Master
This section deals with theft committed by a clerk, servant, or employee who steals property belonging to their employer or master. Such theft is considered a serious breach of trust and carries stricter punishments. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
If a clerk, servant, or employee steals any property that is in the possession of their employer or master, it is a crime under this section.
Key Points to Understand
- Who is a Clerk or Servant?
- A clerk or servant is someone employed in a subordinate position, such as an office worker, cashier, driver, or household help.
- They are in a position of trust and have access to their employer’s property.
- Property in Possession of Master:
- The property must belong to the employer or be under their control.
- It can include money, office equipment, goods, or any other assets.
- Dishonest Intention:
- The employee must have the intention to steal the property permanently.
- They must know that taking the property is wrong and without permission.
- Breach of Trust:
- Since the employee is trusted with the employer’s property, stealing it is a serious violation of that trust.
Example
Vijay works as a cashier in a shop. He steals money from the cash register that belongs to his employer. This is theft under this section.
What is the Punishment?
The punishment for such theft is:
- Jail term of up to 7 years, and
- Fine.
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest without a warrant. |
| Bailable or Non-bailable | Non-bailable – The accused cannot easily get bail. |
| Court for Trial | Any Magistrate – The case can be tried in a Magistrate’s court. |
Why is this Law Important?
This law is important because:
- It protects employers from theft by their employees.
- It ensures that employees in positions of trust are held accountable for their actions.
- It maintains trust and integrity in the workplace.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 306 makes it a serious crime for a clerk, servant, or employee to steal property belonging to their employer. The punishment includes up to 7 years in jail and a fine. The law recognizes the breach of trust involved in such thefts and ensures strict consequences for those who betray their employer’s trust.
