Pakistan Penal Code 1860 · Chapter XVII
PPC Section 381: Theft by clerk or servant or property in possession of master
Section 381 PPC deals with theft by a clerk or servant of property that is in the possession of the master or employer. The breach of the trust placed in an employee is what makes this form of theft more serious.
Text of Section 381 PPC
Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- Theft of a car or other motor vehicles: A. Whoever commits theft of a car or any other motor vehicle, including motor-cycle, scooter and Tractor shall be punished with imprisonment of either description for a term which may extend to seven years and with fine not exceeding the value of the stolen car or motor vehicle.
Ingredients of the Offence under Section 381 PPC
- The accused is a clerk or servant, or employed in that capacity
- Theft as defined in Section 378
- The property was in the possession of the master or employer
Punishment under Section 381 PPC
Imprisonment of either description for up to seven years, and liability to fine.
Is Section 381 PPC Bailable? Cr.P.C. Classification
| Cognizable or not | Cognizable (may arrest without warrant) |
|---|---|
| Warrant or summons | Warrant |
| Bailable or not | Non-bailable |
| Compoundable or not | Not compoundable |
| Triable by | Court of Session or Magistrate of the first or second class |
Source: Code of Criminal Procedure 1898, Schedule II.
FAQs on Section 381 PPC
Does Section 381 PPC apply to domestic servants?
Yes. It applies to any person employed as a clerk or servant, including domestic staff, where the stolen property was in the employer's possession.
What is the difference between Section 381 PPC and criminal breach of trust?
Under Section 381 the property remains in the employer's possession and is taken. In criminal breach of trust (Section 408 for clerks and servants) the property was entrusted to the employee and then dishonestly misappropriated.
Is Section 381 PPC bailable?
Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 381 PPC is non-bailable, cognizable (may arrest without warrant), not compoundable, and triable by Court of Session or Magistrate of the first or second class.
Related Sections of the Pakistan Penal Code
- Section 378: Theft
- Section 379: Punishment for theft
- Section 380: Theft in dwelling house, etc.
- Section 381-A: Theft of a car or other motor vehicles
- Section 382: Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
- Section 383: Extortion
Facing a case under Section 381 PPC?
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