Theft at home? Up to 7 years, not 3.

Myth or fact?

What people often think.

• Myth: Theft is theft. The punishment is always the same.
• Fact: Plain theft is up to 3 years (s.379). Theft in a home, by a servant, or of a vehicle is up to 7 years (ss.380, 381, 381-A).

The law.

Section 381, PPC.

“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.”

Pakistan Penal Code, 1860 · Section 381, Theft by clerk or servant of property in possession of master

Four levels.

The prison terms.

• Theft, s.379Up to 3 years, or fine, or both.
• In a home, s.380Up to 7 years, and also fine.
• By a servant, s.381Up to 7 years, and also fine.
• A vehicle, s.381-AUp to 7 years, fine up to its value.

Not only houses.

Section 380, PPC.

• WhereA building, tent or vessel.
• Used asA human dwelling, or for the custody of property.

Bikes and tube-wells.

Section 381-A, PPC.

• VehiclesCars, motorcycles, scooters and tractors.
• ExplanationA tube-well's electric motor or a transformer counts too.

Quick quiz. Found it late.

Guess first, then swipe for the answer.

• A. Yes, always
• B. Not always
• C. Only after 7 days

Answer: B. 2023 PCrLJ 1472.

Sindh High Court.

• The holdingDelay in reporting a s.381 offence may at times be inevitable.
• WhySuch theft often comes to the surface only later.

Name them carefully.

2011 SCMR 355, Supreme Court.

• The factsNo one named in the FIR. Names added 7 months later.
• The gapNo identification parade, nothing recovered from them.
• The resultBail: their guilt needed further inquiry.

Protect your home.

Simple habits before anything goes missing.

• RecordsPhotos and receipts of jewellery and valuables.
• Staff detailsCNIC copy, address and a reference for anyone you hire.
• Report fastGo to the police as soon as you notice.

Something stolen?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• Our maid left and our gold is missing. Which section applies and what should we do?
• What is the punishment for motorcycle theft under section 381-A PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 381
  Theft by clerk or servant of property in possession of master Pakistan Code