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IPC 381 → BNS 306: Theft by Servant

IPC Section 381 (Theft by Servant) under the old Indian Penal Code 1860 is now covered under Section 306 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

381

Theft by Servant

Theft by clerk or servant of property in possession of master

New Law — BNS 2023

306

Theft by Servant

Punishment / Liability
Same - Up to 7 years
Key Change / Note
No major change

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Quick Summary: IPC 381 vs BNS 306

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 381 (Theft by Servant) is now mapped to BNS Section 306.

What did IPC 381 cover?

IPC 381 dealt with theft by servanttheft by clerk or servant of property in possession of master. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 306: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to theft by servant are filed under BNS Section 306. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 306

Same - Up to 7 years

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 306 instead of IPC 381.
  • Police officers: Use BNS 306 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 381 ↔ BNS 306 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 381?

IPC Section 381 (Theft by Servant) is now covered under Section 306 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 306?

Same - Up to 7 years

What is the key difference between IPC 381 and BNS 306?

No major change

Is IPC 381 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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