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IPC, 1860
Start Practicing
IPCChapter IISection 27
Section27

Property in possession of wife, clerk or servant

AI Assist

Summary

Property that a person’s wife, clerk or servant holds on that person’s behalf is treated as if the person themselves possesses it for the purposes of this Code. It kicks in whenever the other person is holding the item on the principal’s account, including when the clerk or servant is employed temporarily or for a particular occasion. Consequence: possession (and any legal effects tied to possession) is attributed to the principal person.

Example

Priya gives her gold necklace to her housemaid Sneha to keep while she is away. Because Sneha is holding it on Priya’s account, the necklace is legally treated as being in Priya’s possession. If it is lost or stolen, the law treats the loss as affecting Priya’s possession.

Bare Act

Enacted text

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.

Explanations

(1) 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.

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II

Chapter II

General Explanations

In this chapter

  • 6Definitions in the Code to be understood subject to exceptions
  • 7Sense of expression once explained
  • 8Gender
  • 9Number
  • 10“Man” “Woman”
  • 11“Person”
  • 12“Public”
  • 13Definition of “Queen”
  • 14“Servant of Government”
  • 15Definition of “British India”
  • 16Definition of “Government of India”
  • 17“Government”
  • 18“India”
  • 19“Judge”
  • 20“Court of Justice”
  • 21“Public servant”
  • 22“Movable property”
  • 23“Wrongful gain”
  • 24“Dishonestly”
  • 25“Fraudulently”
  • 26“Reason to believe”
  • 27Property in possession of wife, clerk or servant
  • 28“Counterfeit”
  • 29“Document”
  • 29A“Electronic record”
  • 30“Valuable security”
  • 31“A will”
  • 32Words referring to acts include illegal omissions
  • 33“Act”. “Omission”
  • 34Acts done by several persons in furtherance of common intention -
  • 35When such an act is criminal by reason of its being done with a criminal knowledge or intention
  • 36Effect caused partly by act and partly by omission
  • 37Co-operation by doing one of several acts constituting an offence
  • 38Persons concerned in criminal Act may be guilty of different offences
  • 39“Voluntarily”
  • 40“Offence”
  • 41“Special law”
  • 42“Local law”
  • 43“Illegal”, “Legally bound to do”
  • 44“Injury”
  • 45“Life”
  • 46“Death”
  • 47“Animal”
  • 48“Vessel”
  • 49“Year”, “Month”
  • 50“Section”
  • 51“Oath”
  • 52“Good faith”
  • 52A“Harbour”
Previous · Section 26“Reason to believe”Next · Section 28“Counterfeit”