Introduction
This law protects employers in India. It applies when someone you hired in a trusted position, like a clerk, servant, or cashier, steals your belongings. This includes money, goods, documents, or even confidential information, taken without your permission and with the intention of keeping it.
What is IPC 381 ?
IPC Section 381 deals with theft committed by an employee against their employer. It covers situations where someone employed as a clerk, servant, or worker steals property entrusted to them by their boss or master.

Definition of IPC Section 381
This law protects employers in India. It applies when someone in a trusted position, like a clerk, servant, or cashier, steals from their employer. This can include money, goods, documents, or even confidential information.
Section 381 IPC Explanation
Understanding IPC 381:
IPC 381 is an Indian law that specifically addresses theft committed by someone employed in a service capacity, known as a clerk or servant. It focuses on the breach of trust involved when someone you trust working for you steals your property. Here’s a breakdown with additional details:
1. Who is a Clerk or Servant?
The term “clerk or servant” under IPC 381 is broad and can encompass various positions. Some examples include:
- Domestic Helpers: Maids, cooks, gardeners, or anyone employed for household chores.
- Commercial Establishments: Cashiers, sales assistants, store clerks, or office secretaries.
- Delivery Personnel: Delivery drivers, couriers, or anyone entrusted with delivering goods.
2. What Kind of Property Can Be Stolen?
The stolen property must be movable (something you can physically carry) and must be in the possession of the employer at the time of the theft. This means the employer doesn’t necessarily need to own the property; they just need to have control over it.
Examples of Movable Property:
- Jewelry, cash, electronics, clothes, furniture
- Company documents, business equipment
- Goods entrusted for delivery (by the employer or a third party)
3. The Importance of Dishonest Intent
Similar to other theft laws, a key element in IPC 381 is the dishonest intention of the employee. This means:
- The employee must have a deliberate plan to steal the property, not borrow it or take it by mistake.
- The intention is to permanently deprive the employer of their belongings.
Examples of Dishonest Intent:
- Secretly taking cash from the employer’s wallet.
- Selling company equipment for personal gain.
- Replacing valuable items with fakes and keeping the originals.
4. Examples of Theft Under IPC 381:
- A cashier at a store pockets money from the cash register.
- A delivery person keeps a package meant for delivery and sells its contents.
- A domestic helper steals jewelry from her employer’s house.
- An office clerk steals confidential company documents.
5. Why is it More Serious Than Regular Theft?
Theft by a clerk or servant is considered more serious than regular theft (IPC 379) because it involves a breach of trust. The employer entrusts the employee with their belongings and expects them to act honestly. When the employee steals, it’s a betrayal of that trust.
6. Punishment Under IPC 381:
The offender can face imprisonment for a term that may extend to 7 years. The court might also impose a significant fine. The punishment can be harsher than regular theft due to the broken trust and potential damage caused by the employee’s actions.
7. What to Do if You’re a Victim?
If you suspect an employee has stolen from you, here are some steps you can take:
- Report the theft to the police immediately.
- Gather evidence such as CCTV footage, witness statements, or receipts (if applicable).
- Consult a lawyer to understand your legal options and ensure your rights are protected.
IPC 381 Punishment
- Punishment:
- If someone is found guilty under IPC 381, they could face imprisonment for a period of up to 7 years.
- This means they might have to spend time in jail as punishment for their crime.
- Fine:
- In addition to imprisonment, the court can also impose a fine on the convicted person.
- The amount of the fine can vary depending on factors like the value of the stolen property and the circumstances of the theft.

381 IPC bailable or not
IPC 381 is usually not bailable IPC 381 cases is often difficult because stealing from someone you trust is considered a serious crime. There’s a concern that you might run away or try to interfere with the evidence. However, in some rare cases, like if the evidence against you is weak or if it’s your first time, you might have a chance to get bail. It’s important to seek guidance from a lawyer for personalized legal advice
IPC 381 FAQs
1. What is Theft by Clerk or Servant (IPC 381)?
This occurs when someone you employ in a trusted position, like a cashier, accountant, shop assistant, or domestic helper, steals from you. They take your belongings without your permission and intend to keep them.
3. What Makes it Different from Regular Theft?
Regular theft involves anyone stealing anything. IPC 381 applies specifically to theft by someone you trust and employ in a specific role. The breach of trust makes it a more serious offense.
What Happens if Someone Steals from Me (IPC 381)?
- Report the Crime: File a complaint with the police.
- Gather Evidence: Keep records or receipts to prove ownership.
- Seek Legal Advice: A lawyer can help navigate the legal process.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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 effectively. Don’t hesitate to contact us for personalized solutions; we are here to assist you whenever necessary!