Section 306 BNS: Theft by Clerk or Servant of Property in Possession of Master

Section 306 BNS - Statutory Provision

The section creates a specific form of theft based on the relationship between the accused and the master or employer whose property is in possession. It applies only when the basic offence of theft is established and the additional employment-related conditions of Section 306 are satisfied.

Essential Ingredients of Section 306 BNS

For Section 306 to apply, the prosecution must ordinarily establish the following elements:

1. The accused was a clerk or servant, or was employed in the capacity of a clerk or servant.
2. The relevant property was in the possession of the accused's master or employer.
3. The accused committed theft in respect of that property.
4. The ingredients of theft under Section 303 BNS, including dishonest intention and taking without consent, are satisfied.

Meaning of Clerk, Servant and Property in Possession of Employer

Clerk or servant

Section 306 expressly covers a person who is a clerk or servant as well as a person employed in the capacity of a clerk or servant. The wording therefore focuses on the nature and capacity of the employment relationship, not merely the job title used by the parties.

Property in possession of the master or employer

The provision refers to property in the possession of the master or employer. Because Section 306 is a theft provision, possession is legally significant. The prosecution must connect the property alleged to have been stolen with the possession of the master or employer.

Theft must still be proved

The employment relationship alone does not establish the offence. The prosecution must also prove the legal ingredients of theft, including dishonest intention, movable property, possession of another, absence of consent and movement of the property in order to the taking.

Punishment, Cognizability, Bail and Trial Court

The above classification is given in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. A non-bailable classification does not mean that bail is legally impossible; it means bail is not claimable merely as of right on the ground that the offence is bailable.

How Section 306 Relates to Section 303 BNS

Section 303 BNS contains the general offence of theft. Section 306 is a specific aggravated provision where the person committing theft is a clerk or servant, or is employed in that capacity, and the property is in the possession of the master or employer.

Therefore, the core concept of theft comes from Section 303, while Section 306 adds the special employment relationship and possession requirement.

Situations That May Attract Section 306

Depending on the facts and evidence, Section 306 may be relevant where, for example:

• a cashier dishonestly removes money from the employer's cash in the employer's possession;
• a warehouse employee dishonestly takes movable goods belonging to or held by the employer without consent;
• a domestic servant dishonestly removes movable property from the employer's possession;
• an employee working in the capacity of a clerk or servant dishonestly takes movable property entrusted to or kept in the employer's possession.

These examples are explanatory only. Whether Section 306 applies depends on the precise employment relationship, possession of the property, intention, consent and other evidence proved in the case.

Related BNS Sections on Theft and Property Offences

• Bharatiya Nyaya Sanhita, 2023 - Overview
• Section 301 - Trespassing on burial places, etc.
• Section 302 - Uttering words with deliberate intent to wound religious feelings
• Section 303 - Theft
• Section 304 - Snatching
• Section 305 - Theft in dwelling, transport or place of worship, etc.
• Section 307 - Theft after preparation for causing death, hurt or restraint
• Section 308 - Extortion
• Section 309 - Robbery
• Section 310 - Dacoity

Official Legal Sources

For authoritative statutory text, commencement information and procedural classification, consult the India Code and Ministry of Home Affairs resources in the right sidebar. The official Act, Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.

Frequently Asked Questions

What is Section 306 BNS?

Section 306 BNS deals with theft committed by a clerk or servant, or a person employed in that capacity, in respect of property in the possession of the master or employer.

What is the punishment under Section 306 BNS?

The punishment is imprisonment of either description for a term which may extend to seven years, and fine.

Is Section 306 BNS bailable?

No. The BNSS First Schedule classifies the offence as non-bailable.

Is Section 306 BNS cognizable?

Yes. It is a cognizable offence under the BNSS First Schedule.

Which court can try an offence under Section 306 BNS?

The offence is triable by any Magistrate.

When did the BNS come into force?

The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, except Section 106(2).