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.
IPC Section 381: Simplified Explanation
IPC Section 381 specifically addresses the offence of theft committed by a clerk, servant, or employee who steals property that belongs to their employer and is in the employer’s possession. This section targets breaches of trust within employment relationships, recognizing the unique position of trust and access clerks and servants have to their employer’s property.
Is IPC Section 381 bailable?
IPC Section 381 is bailable. This means the accused has the right to be released on bail due to the nature of the offence and the relationship involved, which may allow for consideration of character and previous conduct.
IPC Section 381 Punishment
Under IPC Section 381, punishment includes imprisonment for either description for a term that may extend to seven years, along with a fine. The relatively severe punishment reflects the betrayal of trust inherent in such offences, where individuals exploit their access to their employer’s property.
Example of IPC Section 381
A real-life example of IPC Section 381 involved an office manager who systematically stole and sold expensive office equipment for personal gain. Over several months, he manipulated inventory records to cover up the thefts. However, discrepancies in the records eventually led to an internal audit, which uncovered the theft. Given his position and the breach of trust, he was charged under IPC Section 381. In court, considering the value of the stolen items and the breach of trust, he was sentenced to five years in prison and required to pay restitution to the company
