Section 27 IPC: “Property in possession of wife, clerk or servant”

Indian Penal Code, 1860

Section 27 IPC at a Glance

Section 27 IPC defines the term “Property in possession of wife, clerk or servant”. From 1 July 2024 it is replaced by Section 3(3) BNS.

Punishment

None. Section 27 IPC creates no offence.

BNS Equivalent

Section 3(3) →

Section 27 IPC Bare Act Text

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.

Source: Section 27, Indian Penal Code, 1860

Section 27 IPC in Simple Words

Section 27 of the Indian Penal Code (IPC) says when property counts as being in one person’s possession although another person holds it. Property in the possession of a person’s wife, clerk or servant, on account of that person, is in that person’s possession.

The Explanation treats a person employed only temporarily, or on a particular occasion, as a clerk or servant. The section creates no offence and sets no punishment.

Ingredients of Section 27 IPC

The property is in the possession of the person’s wife, clerk or servant
It is held on account of that person
A person employed temporarily or on a particular occasion as a clerk or servant counts as a clerk or servant

Punishment Under Section 27 IPC

Imprisonment

None. Section 27 IPC creates no offence.

Fine

None.

Section 27 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 27 IPC

In 2015 in Surat, textile merchant Gautam hired Dinesh for a single afternoon in the capacity of a servant to carry two bolts of silk cloth from a dyeing unit to Gautam's warehouse, while Gautam's wife Lata kept the warehouse cash box on Gautam's behalf. Under the Explanation, Dinesh counted as a servant even though he was employed only on that particular occasion. Because Dinesh and Lata held the silk cloth and the cash box on account of Gautam, both properties were in Gautam's possession under Section 27 IPC.

When Section 27 IPC Does Not Apply

Section 27 IPC does not apply when a wife holds her personal jewellery in her own right and not on account of her husband.
Section 27 IPC does not apply when a domestic servant keeps his own personal bicycle in the employer's compound for himself rather than on account of the employer.
Section 27 IPC does not apply when goods are left with an independent friend or neighbour who is neither the owner's wife, clerk, nor servant.

Section 27 IPC in the BNS

Section 27 IPC is now covered under Section 3(3) BNS.

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.

View detailed comparison (IPC 27 vs BNS 3(3)) →

FAQs on Section 27 IPC

What does Section 27 IPC say?▼

When property is in the possession of a person’s wife, clerk or servant, on account of that person, the property is in that person’s possession within the meaning of the Code.

Under Section 27 IPC, who counts as a clerk or servant?▼

The Explanation includes a person employed temporarily or on a particular occasion in that capacity. A day worker or a one-off helper counts.

Under Section 27 IPC, why does the rule matter for theft?▼

Theft under Section 378 IPC is a taking out of the possession of a person. Property held by a wife, clerk or servant on account of the owner is in the owner’s possession, so taking it from the holder is a taking out of the owner’s possession.

Under Section 27 IPC, does the rule cover property held by anyone else?▼

No. It names a wife, a clerk and a servant. Property held for a person by someone outside those three is not brought in by this rule.

Does Section 27 IPC create an offence?▼

No. It fixes a rule about possession and sets no punishment. The punishment comes from the section charged, such as Section 379 IPC for theft.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·