Updated on March 22, 2025 09:20:39 AM
Section 306 BNS defines the offence of theft, which has been replaced by Section 381 of the Indian Penal Code. The specifics of these theft instances are discussed in detail in this section, along with possible sanctions. After being charged, the accused could be subject to jail time and penalties if found guilty. To ensure their presence at the trial, the accused may be given bail despite the presumption of innocence. The legal ramifications of stealing by a clerk under Section 306 of BNS, including related penalties, fines, and bail requirements, will be discussed in this article. Get to know all about these legal ideas and their applications in real life by joining us.
Here, is an overview of Section 306 of BNS given below:
| Offence | Theft (via any clerk or servant of property in possession of master) |
|---|---|
| Section under BNS | Section 306 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for 7 years or Fine or Both |
| Triable | Any Magistrate |
Section 306 of BNS clearly defines that -“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.”
If any person is found guilty under Section 306 of BNS, the offender may be punished with imprisonment of any kind (simple or harsh) for a duration of up to seven years. In addition to imprisonment, the offender may be liable to a fine. The court determines the amount of the fine, which may vary based on the value of the stolen item and other considerations.
Note: If a person is convicted of stealing for the first time and the stolen goods are worth less than 5,000 rupees, they will be punished with community service upon returning or restoring the stolen property.
The complete stepwise procedure of Bail under section 306 of BNS is mentioned here below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest. The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Section 306 of BNS addresses the breach of trust inherent in theft by clerks or servants. Both imprisonment and fines, which represent deterrents, are used in this punishment to reflect the severity of the betrayal. While acknowledging nuanced situations, the law ultimately emphasises the sanctity of entrusted property and the need for accountability between employer and employee. Section 306 promotes responsible conduct and bolsters trust within India's economic and social systems by safeguarding masters and servants.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
The Bharatiya Nyaya Sanhita is the official criminal code in the Republic of India which came into effect on 1 July, 2024 after being approved in December 2023 by Indian Parliament.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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