What is theft by clerk or servant of property in possession of master? What is theft after preparation made for causing death, hurt or restraint in order to the committing of the theft? What is the punishment for theft by clerk or servant? Section 381 and 382 of Indian Penal Code 1860

Theft by clerk or servant of property in possession and theft after preparation made for causing death, hurt or restraint in order to the committing of the theft under Indian Penal Code is defined under Section 381 and 382 of Indian Penal Code 1860. Provisions under these sections are:

 

 

Section 381 of Indian Penal Code. "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.

 

Section 382 of Indian Penal Code. "Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft"

Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing. of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations (a) A commits theft on property in Z's possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

(b) A picks Z's pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.

STATE AMENDMENT
Tripura.-
After the section 382 of the Indian Penal Code, the following new sections will be inserted: -

"382A. Snatching: Whoever commits theft stealthily from a person or through assault or by using criminal force and thereby causes hurt or endangers the life of that person is said to commit the offence of 'Snatching'.

382B. Whoever commits 'Snatching' shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both.

382C. Vehicle lifting: Whoever commits theft of a 'vehicle' either from open or close arena, is said to commit the offence of 'vehicle lifting'.

Note:- The term 'Vehicle' shall have the same meaning as defined in sub-section 28 of section 2 of Motor Vehicles Act 1988:,

382D. Whoever commits the offence of 'vehicle lifting' shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both".

382E. Cattle lifting: Whoever commits theft of a 'Cattle' either from open or close arena, is said to commit the offence of "Cattle lifting".

Note:- For the purpose of this section, the term 'Cattle' means a cow and a calf, whether male or female, bull, bullock, buffalo-male or female or calf of she-buffalo, whether male or female and an ox or oxen.

382F. Whoever commits the offence of 'Cattle lifting' shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of tem years or with fine or with both."

[Vide Tripura Act 4 of 2019, sec. 2.]