IPC Section 213 and BNS Section 250: Taking Gift to Screen an Offender

What is taking a gift to screen an offender?

Section 250 BNS applies when a person accepts, attempts to obtain or agrees to accept gratification or restitution of property for themselves or another person in consideration of any of these acts:

• Concealing an offence;
• Screening a person from legal punishment for an offence; or
• Not proceeding against a person to bring that person to legal punishment.

Gratification refers in this context to a benefit or reward given or sought as the consideration for suppressing accountability. Restitution of property means restoration or return of property to a person. The offence is concerned with the prohibited bargain, not merely the value of the benefit.

The statute expressly covers an attempt to obtain or an agreement to accept the benefit: actual receipt of money is not invariably necessary.

Essential ingredients of Section 250 BNS

1. There is an underlying offence for which a person may face legal punishment.
2. The accused accepts, attempts to obtain or agrees to accept gratification or restitution of property for themselves or someone else.
3. The benefit is sought or accepted in consideration of concealing the offence, shielding a person from legal punishment or refraining from proceedings intended to secure punishment.
4. The evidence establishes the prohibited connection between the benefit and the promise or conduct; a lawful settlement or return of property alone does not automatically establish the offence.

Whether a particular compromise or settlement is lawful depends on the nature of the underlying offence, the applicable criminal procedure and the facts. A private agreement cannot automatically extinguish criminal liability for a non-compoundable offence.

Punishment under Section 250 BNS

The applicable penalty depends on the statutory maximum punishment for the underlying offence, not simply on the sentence ultimately imposed on the offender. The classification and trial procedure should be checked against the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Practical illustrations

Example 1: Payment for concealing a serious offence

A witness demands money from an offender's associate in return for hiding evidence of a serious crime. If the statutory ingredients are established, the demand or agreement can attract Section 250 even if the witness has not yet received the payment.

Example 2: Return of property in exchange for silence

A person agrees not to pursue criminal accountability if property is restored as part of a bargain to shield the offender from punishment. The prosecution would need to establish that the return of property was consideration for the prohibited concealment or screening, rather than an independently lawful transaction.

Example 3: Genuine lawful settlement

Parties lawfully settle a dispute and exercise a statutory right to compound an offence where permitted. That fact alone does not establish an offence under Section 250; the prohibited consideration and other ingredients must be proved.

Related legal provisions

IPC Section 213 / BNS Section 250 concerns the person who takes, seeks or agrees to take the benefit to screen an offender. IPC Section 214 / BNS Section 251 addresses offering or giving the benefit for that purpose. IPC Section 212 / BNS Section 249 concerns harbouring or concealing an offender to screen them from punishment, subject to its own requirements and exception.

For historical reference, IPC Section 213 stated the same three broad punishment bands: up to seven years and fine where the underlying offence was capital; up to three years and fine for life imprisonment or an offence extending to ten years; and up to one-fourth of the maximum imprisonment, or fine, or both, in the remaining statutory category.

Frequently asked questions

Which BNS section replaces IPC Section 213?

Section 250 of the Bharatiya Nyaya Sanhita, 2023, corresponds to IPC Section 213.

Is actually receiving the gift necessary?

No. The text also covers attempting to obtain or agreeing to accept gratification or restitution of property in exchange for screening an offender.

What is the maximum punishment?

Up to seven years' imprisonment and liability to fine, where the underlying offence is punishable with death. Lower statutory bands apply to other underlying offences.

Does every settlement of a criminal complaint violate Section 250?

No. The prosecution must prove the prohibited consideration and the other ingredients. Lawful compounding or settlement is a separate issue governed by applicable law.

Official statutory references

• India Code: official central legislation portal (search for the Bharatiya Nyaya Sanhita, 2023, Section 250 and the Indian Penal Code, 1860, Section 213).
• Bureau of Police Research and Development: Bharatiya Nyaya Sanhita, 2023 (PDF).
• Ministry of Home Affairs: criminal law resources and notifications.

This article provides general legal information, not advice on any particular proceeding. Verify the applicable law and procedural classification before relying on it.