Legal Provisions of Section 381 of Indian Penal Code, 1860.
Theft by clerk or servant of property in possession of master:
This section punishes theft committed by a clerk or servant of property in possession of the master. It says that whoever either being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft of property in possession of his master or employer, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. The section requires that the property must be in possession of the master or employer and theft must be committed by his clerk or servant or by a person who is being employed in the capacity of a clerk or servant.
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ADVERTISEMENTS:
Where the accused policemen, who were guarding money shut up in a box in the police treasury building, themselves stole some amount from the box, they were held guilty under this section. Similarly, where the accused, a clerk of a toll-contractor, illegally collected toll by not letting carts pass a toll-gate unless they paid the amount demanded, it was held that he committed an offence under this section.
The offence under this section is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and when permitted by the court trying the case, and is triable by any magistrate.