IPC Section 381 vs BNS Section 381

Comparison
Same

Indian Penal Code

Section 381

Theft by Clerk or Servant

IPC Section 381 addresses theft committed by a clerk, servant, or any person employed in such a capacity who dishonestly takes property entrusted to them by their employer or master. This provision recognizes the breach of trust inherent in the employer-employee relationship, emphasizing the seriousness of such offenses.

Under IPC Section 381, the punishment for committing theft in this context includes imprisonment for a term which may extend to three years, or a fine, or both. The law aims to deter employees from misappropriating property entrusted to them and ensures that such breaches are met with appropriate legal consequences.

For instance, if an office clerk steals cash from the employer’s desk, they would be charged under IPC Section 381. The provision underscores the importance of safeguarding property entrusted to employees and holding them accountable for any dishonest acts.

Key Provisions

  • Applies to theft committed by a clerk, servant, or person employed in such capacity.

  • Involves dishonestly taking property entrusted by the employer.

  • Punishable with imprisonment up to three years, or fine, or both.

  • Recognizes the breach of trust in the employer-employee relationship.

Bharatiya Nyaya Sanhita

Section 381

Theft by Clerk or Servant

BNS Section 381 mirrors IPC Section 381, criminalizing theft committed by a clerk, servant, or any person employed in such a capacity who dishonestly takes property entrusted to them by their employer or master. The Bharatiya Nyaya Sanhita (BNS) maintains consistency with the Indian Penal Code in addressing such offenses.

Similar to the IPC, BNS Section 381 prescribes a punishment of imprisonment for a term which may extend to three years, or a fine, or both. This alignment ensures uniformity in the legal framework and reinforces the protection of property entrusted to employees.

An example under BNS Section 381 would be if a domestic worker steals valuables from the employer’s residence. Such an act would be punishable under this section, highlighting the importance of trust in the employer-employee relationship and the legal consequences of its breach.

Key Provisions

  • Protects property entrusted to clerks, servants, or employees.

  • Requires dishonest intention and absence of consent.

  • Punishable with imprisonment up to three years, or fine, or both.

  • Ensures consistency with IPC provisions on theft by employees.