Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of theft
Section 381: Theft by clerk or servant of property in possession of master
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Theft by a clerk or servant of property in their master's or employer's possession is punishable with imprisonment of either description for up to seven years, and a fine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 381
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Suhas Chakma v. Union of India & Ors.
Access to free and timely legal aid for prison inmates.
- Habibbur Rahman v. State of NCT of Delhi
- Vicky Singh@Chiku v. State (Govt. NCT of Delhi)
- Sunil Kumar @ Sudhir Kumar & Anr. v. The State of Uttar Pradesh
- D. Devaraja v. Owais Sabeer Hussain
- Securities and Exchange Board of India v. Classic Credit Ltd.
- Tarun Tyagi v. Central Bureau of Investigation
- Nagaraja Rao v. Central Bureau of Investigation
- Nishant Aggarwal v. Kailash Kumar Sharma
- Central Bureau of Investigation v. State of Gujarat
- Ref: v. Smt. Sayalee Sanjeev Joshi, Member, Maharashtra Public Service Commission
- State of Andhra Pradesh v. S. Narasimha Kumar and Ors.
- Union Public Service Commission v. S. Papaiah and Ors.
- The State of Kerala v. Narayani Amma Kamala Devi
- M/S. Serajuddin & Co. v. Their Workmen
- Major E. G. Barsy v. The State of Bombay