IPC Section 381
Section 381 IPC – Theft by a Person Entrusted with Property (Criminal Breach of Trust – Specific Case)
Essence of the Section
Section 381 deals with theft committed by a person who is entrusted with property. In other words, if a person is entrusted with someone else’s property and dishonestly takes it for themselves or disposes of it in violation of trust, it constitutes an offence under this section.
It is closely related to criminal breach of trust, but specifically refers to theft by the entrusted person.
Key Ingredients
Entrusted with Property
The person must have been entrusted with property by someone else.
Entrustment can be personal, professional, or official.
Dishonest Misappropriation or Conversion
The entrusted person dishonestly takes or uses the property for their own benefit.
Alternatively, they dispose of the property against the interest of the owner.
Intentional Act
The act must be intentional and dishonest, not accidental or by mistake.
Property
Can include money, goods, valuables, or movable property entrusted to the person.
Punishment
Imprisonment: Up to 3 years, or
Fine, or
Both
This section punishes those who abuse trust for personal gain, emphasizing the responsibility of the person entrusted.
Examples
A cashier entrusted with company money takes some cash for personal use.
A servant entrusted with household valuables sells them secretly.
An employee entrusted with company goods misappropriates them.
Purpose of Section 381
To protect property entrusted to someone.
To prevent misuse of trust in personal, domestic, or professional relationships.
To ensure accountability for those handling others’ property.
✅ In summary:
Section 381 IPC punishes a person who is entrusted with property and dishonestly misappropriates or converts it for personal use, with imprisonment up to 3 years, fine, or both.
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