Legal Question in Criminal Law in India
Opening/Breaking the lock of an almirah
If the employer open/break the lock by the keymaker without the permission/knowledge of the employee. The employer and the keymaker is caught redhanded by the employee. What action will be taken against the employer by the department?
4 Answers from Attorneys
Re: Opening/Breaking the lock of an almirah
That depends on nature of ownership of almirah and nature of license to use given.
Re: Opening/Breaking the lock of an almirah
real owner of almarih -employer -than no action. otherwise amounts to theft or dacoity.
Re: Opening/Breaking the lock of an almirah
The department may take appropriate legal action against the persons concerned if they are found guilty of any wrongful act.
Re: Opening/Breaking the lock of an almirah
From the perusal of the problem it is not quite clear that who is the real owner of the property (almirah)employer or Employee. further it has to consider in which situation the said action was taken.if the employee without making information to his employer is absent from his duty and in mean time some necessary paper is required for systemize the office in such circumstaces no case is madeout against the employer.in other hand if the property belongs to employee and he has informed about his absence with reasonable cause and there was no any material is kept in the said almirah related to employer purpose .in such a situation a case is made out u/s.378&379 of I.P.C.
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