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Introduction of 306 BNS

306 BNS addresses theft committed by a clerk, servant, or employee involving property belonging to their employer. This law is specifically designed to tackle situations where an individual in a position of trust abuses their role to commit theft. The section ensures that such acts are punished to uphold accountability in workplaces. By prescribing imprisonment of up to 7 years and a fine, it aims to deter employees from exploiting their access to their employer’s property. This provision is crucial for maintaining trust and integrity in employer-employee relationships.


The Bharatiya Nyaya Sanhita (BNS) Section 306 replaces the old Indian Penal Code (IPC) Section 381.



What is BNS Section 306 ?

BNS Section 306 specifically addresses theft committed by a clerk, servant, or someone employed in that capacity, involving property belonging to their employer or master. This section highlights a breach of trust, making it a severe offense. Here’s a detailed breakdown:


BNS 306 addresses theft by employees, clerks, or servants, punishing betrayal of trust.
Punishment under BNS 306: Upholding accountability for theft by employees.

BNS 306 in Simple Points

1. What Does BNS Section 306 Cover?

This section applies when a clerk, servant, or any employee steals property that belongs to their employer or is under the employer’s custody. The stolen property can include cash, valuables, or other assets. The key aspect is that the thief is someone who was trusted to handle or manage the property. For example, a company cashier stealing money or a housekeeper taking jewelry without permission would fall under this law.

2. Why is Theft by an Employee Serious?

Theft by an employee is considered worse than ordinary theft because it involves a breach of trust. Employers rely on their workers to handle responsibilities honestly, and stealing from them damages this relationship. This betrayal can also lead to financial losses and emotional distress for employers. The law treats such acts seriously to maintain trust in professional and personal relationships.

3. Punishment for the Crime

If someone is found guilty under BNS Section 306, they can face imprisonment for up to seven years. They may also have to pay a fine, depending on the severity of the theft. The punishment aims to deter employees from abusing their position of trust and encourages accountability in the workplace. For example, if a clerk embezzles a large sum of money, the court may impose both imprisonment and a heavy fine.

4. Is it Bailable or Non-Bailable?

The offense under this section is non-bailable, meaning the accused cannot automatically get bail. They must apply to the court, which will decide whether to grant bail based on the seriousness of the crime. For instance, if a servant is accused of stealing expensive antiques, the court may refuse bail to ensure they do not escape or tamper with evidence. This ensures the legal process is fair and thorough.

The crime is cognizable, meaning the police can register a case and start investigating without needing prior approval from a magistrate. The trial for this offense is conducted by any magistrate, ensuring accessible justice. The magistrate evaluates evidence, such as witness statements or stolen goods, to decide the case. This legal framework ensures that employers have a straightforward path to seek justice when employees betray their trust.


Section 306 BNS Overview

BNS Section 306 deals with theft committed by a clerk, servant, or employee in respect of property belonging to their employer. It highlights theft by someone in a position of trust and responsibility. The law punishes such acts with imprisonment for up to 7 years and a fine. This provision ensures that employees cannot misuse their access to property. The section reinforces trust and accountability in employer-employee relationships.

BNS 306 : 10 Key Points

1. Definition of the Offense

306 criminalizes theft committed by employees such as clerks or servants against their employer’s property. This includes stealing any goods, money, or assets entrusted to them. The trust placed in employees is broken when they commit theft, making the crime more severe than general theft. It is designed to safeguard employers from fraudulent activities by those in trusted positions.

2. Applicability of the Section

This section applies to anyone employed as a clerk or servant who commits theft of their employer’s property. The act of theft can involve money, valuables, or other possessions under the employer’s custody. The law ensures that no employee can take advantage of their access to the employer’s resources without consequences.

3. Nature of the Crime

Theft by a clerk or servant is classified as a cognizable offense. This means the police can register a case and initiate investigations without prior approval from a magistrate. The cognizable nature ensures swift action to protect the employer’s interests and recover stolen property promptly.

4. Punishment under BNS Section 306

The section prescribes imprisonment of up to seven years and a fine for offenders. This punishment underscores the seriousness of the offense, as it not only involves theft but also a betrayal of trust. The severity of the punishment aims to deter similar crimes in the workplace.

5. Bailable or Non-Bailable Offense

The offense under this section is non-bailable, meaning the accused does not have the automatic right to bail. They must apply for bail in court, where the seriousness of the crime will be considered before granting it. This provision ensures accountability and discourages misuse of bail.

6. Non-Compoundable Nature of the Crime

BNS Section 306 is non-compoundable, which means the case cannot be settled out of court between the employer and the offender. The law mandates that the legal process must be followed to ensure justice. This provision reflects the seriousness of the offense and its broader implications on employer-employee relationships.

7. Trust and Responsibility

Employees often have direct access to their employer’s money, goods, or property due to the trust placed in them. BNS 306 highlights the responsibility that comes with this trust. A clerk handling company finances or a servant managing household valuables must act with integrity. Breaching this trust attracts strict legal consequences.

8. Examples of the Offense

  • Example 1: A cashier at a retail store steals cash from the register.
  • Example 2: A domestic servant takes jewelry from their employer’s locker without consent.
    These examples illustrate how theft by trusted employees can occur in various scenarios, making BNS 306 a critical law for protection.

The offense is triable by any magistrate, ensuring accessibility to justice. Employers can lodge a complaint, and the magistrate conducts the trial based on evidence provided. This streamlined legal process ensures fairness and prevents unnecessary delays in handling such cases.

10. Significance of BNS Section 306

This section reinforces the importance of ethical conduct in professional and personal spaces. By punishing theft committed by employees, it builds a sense of accountability and discourages misuse of trust. Employers are assured legal recourse, fostering a safer and more reliable workplace or household environment.

2 Examples of BNS Section 306

  1. Example 1: A bank clerk diverts funds from customer accounts to their personal account without authorization. This act violates BNS Section 306 and is punishable under this law.
  2. Example 2: A domestic helper takes expensive electronics from their employer’s house and sells them for personal profit. This constitutes theft by a servant and falls under BNS Section 306.

BNS 306 Punishment

Imprisonment: The offender can be sentenced to imprisonment for up to seven years.

Fine: The court may also impose a monetary fine, depending on the gravity of the theft.


BNS Section 306 punishes theft by employees with up to 7 years imprisonment and fines.
Punishment for BNS 306 includes imprisonment of up to 7 years and fines.

BNS 306 bailable or not ?

BNS Section 306 is non-bailable, meaning the accused does not have the right to bail automatically. The court evaluates the case’s facts before deciding whether bail is appropriate.


Bharatiya Nyaya Sanhita Section 306

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
306Theft by clerk or servant of employer’s propertyUp to 7 years imprisonment and fineNon-BailableCognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 306

BNS Section 306 FAQs

1. What is covered under BNS Section 306?

2. What is the punishment under BNS Section 306?

The punishment includes imprisonment of up to 7 years and a fine. The severity depends on the value of the stolen property and the circumstances of the theft. Courts may impose both imprisonment and a fine if the theft is significant, such as stealing a large amount of money.

3. Is BNS Section 306 a bailable offense?

4. Is BNS Section 306 cognizable?

5. Why is theft by employees treated differently?

6. Can an employer recover stolen property under this BNS 306 ?


Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.


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