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BASKI Manickam   25 January 2022

servant theft

The servant steals from his owner's house at night. Either 381 or 457, 380. which one is correct penal section? please clarify.


Quick Summary
This discussion clarifies the correct penal section for a servant stealing from their owner's house at night. It explains that theft is defined under Section 378 of the IPC, and applicable sections for a servant committing theft are likely 381 or potentially 457 if house-breaking is involved. The final decision on charges rests with the investigating officer after a complaint is filed.

 3 Replies

G.L.N. Prasad (Retired employee.)     25 January 2022

The victim can only file a complaint in the jurisdictional Police station and it is left to the investigating officer to register the complaint on facts and evidence in the case and to state such section in First Information report.

1 Like

Aryan Raj   25 January 2022

Dear Queriest,

Yes you have interpreted it correctly and those are the sections of IPC that will be applicable for committing theft as defined under section 378 of IPC- Theft is defined as the act of moving movable property out of the possession of another person without that person's consent with the intent of taking that property without that person's consent. But you will have to let the police decide what charges to file in the case after you make a complaint.

Regards,

Aryan Raj

 

1 Like

BASKI Manickam   25 January 2022

dear sir Prasad and Raj,. thank you for your replies. I am asking that which one of the section is opt to take legal action against the accused. that crime comes under what head? either servant theft or house breaking by night. but no one gives obvious reply.

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