Section 306 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported breakdown of Section 306 of the Bharatiya Nyaya Sanhita, 2023 (BNS), located within Chapter XVII – Offences Against Property:
🕵️ Section 306 – Theft by Clerk or Servant of Employer’s Property
🔍 Offence Description
A clerk or servant—or anyone employed in a similar capacity—commits this offence if they dishonestly steal any movable property belonging to, or in the legal possession of, their employer or master. (lawrato.com)
This includes items entrusted to them due to their job—like cash, equipment, inventory, or valuables.
💵 Why It’s Important
Recognizing the breach of trust inherent in the employer–employee relationship, this section imposes a harsher punishment than ordinary theft to deter such misconduct.
⚖️ Punishment
Imprisonment: Up to 7 years (either simple or rigorous),
Fine: Mandatory (amount varies by circumstances),
Or both. (lawrato.com)
🛠️ Legal Classification
Cognizable: Police can make arrests without a warrant.
Non-bailable: Bail is not guaranteed and may require court intervention.
Place of trial: Magistrate’s Court (typically First-Class Magistrate). (lawrato.com)
📝 Example Scenarios
A clerk dishonestly takes cash from the office petty cash fund.
A domestic servant steals jewelry entrusted by the employer.
A warehouse employee takes stock without permission.
All such acts fall within the ambit of Section 306 due to the position of trust involved.
📊 Summary Table
| Element | Details |
|---|---|
| Actus reus | Clerk/servant dishonestly takes employer's property |
| Mental state | Dishonest intention to permanently deprive the employer |
| Punishment | Up to 7 years’ imprisonment + fine, or both |
| Cognizability | Yes (arrest without warrant) |
| Bail status | Non-bailable |
| Trial court | Magistrate’s Court |
🧭 Contextual Note
This provision supersedes the earlier IPC equivalent and reinforces accountability within hierarchical work relationships by elevating the consequences for trusted individuals who betray that trust.
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