IPC Section 27: Property in Possession of Wife, Clerk or Servant
Section 27 of the Indian Penal Code, 1860 explained how property held by a person's wife, clerk or servant on that person's account was treated as being in that person's possession. The corresponding current rule is found in Section 3(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which uses the gender-neutral word spouse.
IPC Section 27: Original statutory provision
Property in possession of wife, clerk or servant. When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code.
Explanation. A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.
The phrase on account of that person is essential: the section does not automatically attribute every item held by a wife, clerk or servant to another person. It applies where the property is held for, or on behalf of, the person concerned.
BNS Section 3(3): Current corresponding provision
Section 3(3), General explanations: When property is in the possession of a person's spouse, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Sanhita.
Explanation. A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section.
The revised provision retains the concept of attributed or constructive possession through someone holding property on another person's account. The change from wife to spouse makes the text gender-neutral. The requirement that the possession be on the relevant person's account remains unchanged.
IPC Section 27 and BNS Section 3(3): Comparison
| Point | IPC Section 27 | BNS Section 3(3) |
|---|---|---|
| Legislation | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Relevant family relationship | Wife | Spouse |
| Other persons | Clerk or servant | Clerk or servant |
| Condition | Property held on account of the person | Same requirement |
| Temporary employment | Expressly included | Expressly included |
| Nature | General interpretive rule | General explanation, not a separate offence |
Meaning and legal significance of possession
For criminal-law purposes, physical custody of property and legally relevant possession are not always identical. A clerk or employee may physically hold property for an employer, while the employer remains the person in whose possession it is treated as being under the statutory rule. The relevant facts include the purpose of custody, the arrangement between the persons and whether the property is held on another's account.
This provision should not be confused with ownership. It does not itself transfer title to property, prove ownership, or create criminal liability without the elements of a separate offence.
Practical illustrations
- Shop employee: A cashier holds cash collected for the shop owner. Where it is held on the owner's account, the rule may treat the cash as being in the owner's possession for purposes of the Code.
- Temporary assistant: A person engaged for one day to receive goods for a business can fall within the explanation concerning a temporary clerk or servant.
- Spouse: One spouse keeps documents or valuables for the other spouse. Where the facts establish custody on the other's account, BNS Section 3(3) may apply; marriage alone does not establish that condition.
- Personal property: A worker's own phone or a spouse's separately held property is not automatically deemed to be the employer's or other spouse's possession merely because of the relationship.
When is the provision relevant?
The rule can assist in interpreting possession-related elements of offences involving property, including theft or criminal misappropriation, depending on the statutory ingredients and evidence. Whether any offence is established must be assessed separately under the applicable law. For conduct before 1 July 2024, the IPC and applicable savings provisions may need examination; for later conduct, the BNS ordinarily governs.
Frequently asked questions
Does Section 27 IPC make possession by a servant the owner's possession?
It treats property held by a clerk or servant on a person's account as being in that person's possession for purposes of the IPC. The factual condition must be satisfied.
What is the corresponding section under the BNS?
Section 3(3) of the Bharatiya Nyaya Sanhita, 2023. It retains the rule but substitutes the term spouse for wife.
Does the rule apply to temporary employees?
Yes. Both provisions expressly include a person employed temporarily or on a particular occasion as a clerk or servant.
Is Section 27 IPC itself a punishable offence?
No. It is an interpretive rule concerning possession. Any criminal charge must arise from a separate applicable offence.
Official legislative references
- India Code: Bharatiya Nyaya Sanhita, 2023 (official Act PDF), Section 3(3)
- National Crime Records Bureau: Bharatiya Nyaya Sanhita chapter-wise text
- Bureau of Police Research and Development: Bharatiya Nyaya Sanhita text
Editorial note: This article provides general statutory information, not advice on the facts of a particular case. Consult the current official text and applicable judicial decisions for legal proceedings.