What is Section 381 IPC? Theft by Clerk or Servant of Property in Possession of Master
Published on: Lawiz Team
Learn about Section 381 IPC: Theft by Clerk or Servant of Property in Possession of Master
Official Legal Text
Whoever, being a clerk or servant or employed in that capacity, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 381 punishes a clerk or servant who commits theft of property belonging to their employer or master.
Purpose
To ensure stricter punishment for theft committed by individuals who are trusted with property as employees.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The offender must be a clerk or servant. 2. The property must belong to the employer or master. 3. The property must be taken without consent.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If an office clerk steals money from the cash register of their employer, it is an offence under Section 381.
Legal Defenses
If the accused can prove that they were authorized to take the property, they may be acquitted.
Related Sections
Related to Section 379 (Theft) and Section 380 (Theft in dwelling house).
FAQs
What does Section 381 IPC define?
Theft by clerk or servant of property in possession of master.
How is 'Theft by clerk or servant of property in possession of master' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 381 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 381?
Examples include real-life cases involving theft by clerk or servant of property in possession of master.
Is Section 381 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 381 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 381 significant?
It holds importance in the framework of criminal law.