Introduction
IPC Section 412 addresses cases where stolen property, originally in the possession of a clerk or servant, is dishonestly received by another individual. This provision aims to prevent exploitation of trust between employers and their employees. Offenders can face legal consequences for knowingly receiving stolen goods that were under the custody of a clerk or servant, highlighting the seriousness of breaching such trust.
Definition of IPC 412
Indian Penal Code Section 412 deals with the offense of dishonestly receiving or retaining stolen property that was in the custody of a clerk or servant. In simple words, it covers the situation where someone knowingly receives or keeps stolen goods that were originally under the care of a clerk or servant employed by someone else.
Key elements:
- The accused received or retained property that was stolen.
- The stolen property was originally in the custody of a clerk or servant.
- The accused knew or had reason to believe that the property was stolen.
- The accused received or kept the stolen property dishonestly, with the intention of causing wrongful loss or gain.
What is Section 412 IPC ?
IPC Section 412 deals with the act of dishonestly receiving property stolen during a house-trespass or house-break. It targets individuals who knowingly acquire or possess unlawfully obtained property from a residence. Those found guilty may face imprisonment and fines under Indian law.

IPC Section 412
Dishonestly Receiving Stolen Property in the Custody of a Clerk or Servant
Have you ever heard of someone being accused of dishonestly receiving stolen property that was in the custody of a clerk or servant? The Indian Penal Code (IPC) Section 412 deals with this specific situation.
What is IPC 412 all about?
- This law covers the crime of dishonestly receiving or retaining stolen property, knowing it to be stolen from the custody of a clerk or servant.
Definition of the Offense:
- IPC Section 412 focuses on the act of dishonestly receiving any property that has been stolen during a house-trespass (unlawful entry into a building) or house-break (unlawful entry into a building with the intent to commit a crime inside).
Nature of the Offense:
- This section targets individuals who knowingly acquire or possess property that has been unlawfully taken from a residence during a criminal intrusion.
- It emphasizes the seriousness of benefiting from crimes involving unlawful entry and theft.
Elements of the Offense:
- To establish the offense under IPC Section 412, it must be proven that the property was stolen during a house-trespass or house-break.
- The accused must have acquired or possessed the stolen property with dishonest intent.
Legal Provisions:
- IPC 412 is a non-bailable, non-compoundable offense.
- The case can be tried by a Magistrate of the First Class or a Sessions Court.
Relation to IPC 411:
- IPC 412 is a specific provision related to IPC 411, which deals with dishonestly receiving stolen property in general.
- The key difference is that IPC 412 focuses on stolen property that was in the custody of a clerk or servant.
IPC 412 Punishment
- Imprisonment: Up to seven years in jail.
- Fine: The court may also impose a financial penalty.

412 IPC bailable or not
Generally, IPC 412 is considered non-bailable. This means getting bail after arrest can be difficult. Here’s why:
- Serious Crime: Dishonestly receiving stolen property obtained through a violent act is a serious offense.
- Potential Losses: Dacoity can lead to significant financial losses for victims.
- Flight Risk: There’s a concern the accused might flee to avoid trial.
IPC 412 FAQs
1. What is IPC Section 412?
IPC Section 412 pertains to the offense of dishonestly receiving property that was stolen during a house-trespass or house-break, with a specific focus on situations involving clerks or servants.
Is IPC 412 Bailable?
IPC 412 deals with criminal breach of trust by a clerk or servant. In simpler terms, it applies when an employee entrusted with your property dishonestly uses it for their own gain.
Examples:
- A cashier stealing money from the cash register.
- A salesperson selling your company’s products and keeping the cash.
- A domestic helper taking your valuables for personal use.
Who Does IPC 412 Apply To?
- Clerks: Office workers entrusted with money or goods (cashiers, salespeople).
- Servants: Domestic helpers, security guards, anyone employed to assist you with your property.
What Happens if IPC 412 is Broken?
- Imprisonment: Up to seven years in jail.
- Fine: The court may also impose a financial penalty.
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