IPC 27→BNS 3(3)

IPC 27 to BNS 3(3): “Property in possession of wife, clerk or servant”

Section 27 IPC (1860) replaced by Section 3(3) BNS (2023)

View IPC Section 27 →View BNS Section 3(3) →

IPC 27 to BNS 3(3) at a Glance

Section 27 IPC (“Property in possession of wife, clerk or servant”) is now Section 3(3) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 27 to BNS 3(3)?

Section 3(3) BNS carries the rule with three changes of wording. It says spouse where the IPC said wife, so a husband’s property held by his wife and a wife’s property held by her husband are both covered. It says Sanhita where the IPC said Code, and its Explanation says sub-section where the IPC said section. The rule is now one sub-section of the general explanations section and has no heading of its own.

IPC 27 vs BNS 3(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section273(3)
Offence“Property in possession of wife, clerk or servant”Same
PunishmentNone. Section 27 IPC creates no offence.None. Section 3(3) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 27 and BNS 3(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 27, IPC 1860

27. “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.
BNS 2023 (in force)

Section 3(3), BNS 2023

(3) 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.

Ingredients: IPC 27 vs BNS 3(3)

Under IPC 27
  1. The property is in the possession of the person’s wife, clerk or servant
  2. It is held on account of that person
  3. A person employed temporarily or on a particular occasion as a clerk or servant counts as a clerk or servant
Under BNS 3(3)
  1. The property is in the possession of the person’s spouse, clerk or servant
  2. It is held on account of that person
  3. A person employed temporarily or on a particular occasion as a clerk or servant counts as a clerk or servant

What IPC 27 to BNS 3(3) Means for Pending Cases

For Section 27 IPC (now Section 3(3) BNS): property held for a person by a spouse, clerk or servant is still in that person’s possession, which matters for theft and similar offences. The BNS says spouse, so the rule runs both ways between husband and wife; for an act done before 1 July 2024 the IPC word wife governs.

FAQs: IPC 27 to BNS 3(3)

Section 27 IPC: does the BNS keep the rule on property held by a clerk or servant?▼

Yes. Section 3(3) BNS keeps the rule and the Explanation on a person employed temporarily or on a particular occasion. It says spouse in place of wife.

Where does Section 27 IPC sit in the BNS?▼

In Section 3(3) BNS, a sub-section of the general explanations section. It has no heading of its own.

Does Section 27 IPC or Section 3(3) BNS apply to an act done before 1 July 2024?▼

Section 27 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 27 IPC. Section 3(3) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·