Theft by clerk or servant of property in possession of master
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.
Key Points:
Theft by Clerk or Servant:
Theft in this context occurs when a clerk, servant, or any person employed in that capacity wrongfully takes property belonging to their employer or master without consent, intending to permanently deprive the owner of it.
The section specifically focuses on the relationship of employment and the possession of the property by the employer.
Who is a Clerk or Servant?
A clerk or servant refers to an individual employed in a subordinate capacity, typically under the control and supervision of an employer or master.
The person may work in various capacities, including administrative, financial, or physical handling of the property (such as goods, cash, or other assets).
The employment status and position of trust within the employer-employee relationship are crucial in this offense.
Theft of Property in Possession of Master/Employer:
The offense applies to the theft of any property in the possession of the employer. This could include:
Movable property such as money, office equipment, or other goods.
Other assets entrusted to the clerk or servant but still legally belonging to the employer.
The property must be under the legal possession or control of the employer at the time the theft occurs.
Motive and Intent (Mens Rea):
The employee must have a dishonest intention to permanently deprive the employer of the property for the offense to be considered theft.
The mens rea (guilty mind) involves an intention to take the property without permission, knowing that such action is unlawful.
Breach of Trust:
Employees, clerks, or servants often hold positions of trust in relation to their employer’s property. When this trust is breached through theft, the offense is seen as more serious due to the betrayal of the trust placed in the employee.
The act of theft by someone who is entrusted with handling the property of the employer is a significant violation of fiduciary duties.
Imprisonment and Fine:
The punishment under Section 306 includes imprisonment, which may extend to seven years. This reflects the seriousness of the offense, as theft by an employee undermines trust in the workplace.
In addition to imprisonment, the offender is also liable to a fine, the amount of which may depend on the value of the stolen property and the circumstances of the case.
Higher Degree of Responsibility:
Since the clerk or servant is entrusted with the employer’s property, the law places a higher level of responsibility on them compared to an outsider committing theft.
The law emphasizes the betrayal of trust that occurs when an employee, who is expected to safeguard the employer's property, engages in theft.
Position of Trust in Employment:
An important element in this provision is that the theft is committed by someone who is in a position of trust and has regular access to the property. It includes:
Cashiers, office staff, drivers, and household help.
The property does not have to be physically held by the employer at the time of theft but should be in the employer’s legal possession or control.
Offence : Theft by clerk or servant of property in possession of master or employer.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Any Magistrate.
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