IPC 381 → BNS 306: Theft by Servant

Quick Summary: IPC 381 vs BNS 306

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 381 (Theft by Servant) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering theft by servant as BNS 306.

What did IPC 381 cover?

IPC 381 dealt with theft by servant — theft by clerk or servant of property in possession of master. Until 30 June 2024, every FIR and criminal trial for this offence 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, new complaints relating to theft by servant are filed under BNS Section 306, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 306

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For theft by servant, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 306 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new theft by servant FIR cites BNS 306.
• Law students & citizens: With theft by servant, value, the manner of taking and any force used determine which property offence applies and how serious it is.