Section 27 IPC: Property in Possession of Wife, Clerk or Servant
Section 27 of the Indian Penal Code, 1860 explains when property physically held by a person's wife, clerk or servant is legally treated as being in that person's possession for the purposes of the Code.
Text of Section 27 IPC
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.
Meaning and Scope of Section 27 IPC
Section 27 creates a rule for determining possession under the IPC. Physical custody and legal possession are not always the same. Where a wife, clerk or servant holds property on account of another person, the Code treats that property as being in the possession of that other person.
The words "on account of that person" are important. The provision is directed to a situation in which the wife, clerk or servant holds the property for, or on behalf of, the person concerned. It does not state that every item physically held by a wife, clerk or servant automatically becomes the other person's possession.
Who Is a Clerk or Servant for Section 27?
The Explanation expressly extends the terms "clerk" and "servant" to a person employed only temporarily or for a particular occasion in that capacity. Permanent employment is therefore not required for this statutory rule to operate.
Essential Elements
- There must be property capable of being in possession.
- The property must be in the possession of the person's wife, clerk or servant.
- That possession must be on account of the person concerned.
- A temporary or occasional clerk or servant is included by the statutory Explanation.
- When these conditions are satisfied, the IPC treats the property as being in that person's possession.
Why Section 27 Matters
Many provisions of the IPC use the concept of possession. Section 27 supplies a general interpretative rule so that possession under the Code is not confined to direct physical custody. Its relevance depends on the wording and ingredients of the particular offence in which possession is material.
Example
If property belonging to or held for a person is kept by that person's clerk on the person's behalf, Section 27 treats the property as being in the person's possession for the purposes of the IPC, even though the clerk has immediate physical custody. The same statutory rule applies where the required circumstances involve the person's wife or servant.
Section 27 IPC in the Pre-BNS Legal Framework
Section 27 formed part of Chapter II of the Indian Penal Code, 1860, dealing with General Explanations. For offences and legal questions governed by the IPC before the commencement of the Bharatiya Nyaya Sanhita, the provision should be read with the particular IPC offence or provision in which possession is relevant.
Frequently Asked Questions
What did Section 27 IPC provide?
It provided that property held by a person's wife, clerk or servant on account of that person was regarded as being in that person's possession within the meaning of the IPC.
Did Section 27 require a clerk or servant to be permanently employed?
No. Its Explanation expressly included a person employed temporarily or on a particular occasion as a clerk or servant.
Did Section 27 itself create an offence or prescribe punishment?
No. Section 27 was a general explanatory provision concerning the meaning of possession under the IPC. Criminal liability and punishment depended on the substantive offence to which the rule was relevant.
Note: This article is an informational explanation of the historical IPC provision and should be read with the applicable statutory text and facts of the particular case.