Property in possession of wife, clerk or servant
Section 27 of the Indian Penal Code, 1860 deals with 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. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 27, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 3 General explanations Close, with changes 66%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Karamjit Singh vs State of Punjab
Court's Decision & Legal Precedent
The right to private defence cannot be invoked to justify proactively fetching a weapon and firing at an unarmed group that has come merely to lodge a peaceful complaint or remonstrance. Such action, regardless of the emotional reaction to criticism, does not meet the legal threshold for self-defence under IPC Sections 96-106. Furthermore, when an offence is of grave nature involving multiple injuries caused by firearms, relief under the Probation of Offenders Act, 1958 or Sections 360-361 CrPC should not be granted even if substantial time has elapsed and it is the first offence, as the serious nature of the crime takes precedence over mitigating factors.
On this section: Conviction under this section for illegal possession and use of a licensed firearm for unlawful purpose was upheld
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 27
What have the courts held on Section 27 of the Indian Penal Code?
Karamjit Singh vs State of Punjab (06 Jul 2009) is the leading judgment on this section among those set out below: Conviction under this section for illegal possession and use of a licensed firearm for unlawful purpose was upheld.
How do I find court cases under Section 27 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 27, section 27 IPC, section 27 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Karamjit Singh vs State of Punjab (06 Jul 2009).
What should I read with Section 27 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 3 (General explanations), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 27 of the Indian Penal Code come into force?
Section 27 of the Indian Penal Code, cited as IPC 27, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.