IPC §27 → BNS §3
Property in possession of wife, clerk or servant
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Comparison
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.
(1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or Illustration.
(2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation.
(3) When property is in the possession of a person's spouse, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Sanhita.
(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
What changedAI-inferred
BNS Section 3(3) carries the same rule but replaces wife with spouse — a gender-neutral relational class. The clerk and servant conduits, the Explanation about temporary or occasional capacity, and the operative deemed-possession structure are otherwise preserved.
Old position
IPC Section 27 deemed property in the possession of a person's wife, clerk or servant — held on that person's account — to be in the person's possession for the purposes of the Code. The Explanation extended the clerk/servant limb to persons employed temporarily or on a particular occasion in that capacity.
New position
BNS Section 3(3) carries the same rule but replaces wife with spouse — a gender-neutral relational class. The clerk and servant conduits, the Explanation about temporary or occasional capacity, and the operative deemed-possession structure are otherwise preserved.
Editorial deltaAI-indicated (source-linked)
The mapping ipc-27 -> bns-3 does not, on the supplied bare-act extracts, reflect a successor relationship. IPC 27 was a specific possession-imputation rule (when property is in possession of a person's wife, clerk or servant on account of that person, it is in that person's possession). BNS 3 is the general-exceptions-applicability and interpretation section. The two have no shared operative content. The IPC 27 possession-imputation rule may be located in another BNS section (perhaps within BNS 2's definitions).
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 27 continues to apply. For matters from that date forward, BNS 3 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.
Frequently asked
BNS Section 3, sub-clause (3), with the Explanation to (3). It carries the IPC 27 deemed-possession rule, with wife replaced by spouse.
Sources
- India Code — Indian Penal Code, 1860 (pending verification)
- Bharatiya Nyaya Sanhita, 2023 — bare act PDF (Gazette of India, 25 December 2023; Act No. 45 of 2023)
Cite this page
Newlaws.in, IPC §27 → BNS §3 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/27.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.