Indian criminal law | Updated October 2026
IPC Section 214 and BNS Section 251: Offering Gift to Screen an Offender
Offering money, a benefit or the restoration of property to induce someone to conceal a crime, protect an offender from punishment or refrain from pursuing legal action can itself constitute an offence. The former IPC Section 214 corresponds to Section 251 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Earlier law: Section 214, Indian Penal Code, 1860.
Current provision: Section 251, Bharatiya Nyaya Sanhita, 2023.
Maximum punishment: Up to seven years and fine where the underlying offence is punishable with death.
Exception: Cases where the underlying offence may lawfully be compounded.
What does Section 251 BNS prohibit?
Section 251 applies to a person who gives, causes to be given, offers or agrees to give gratification to another person, or restores or causes the restoration of property, in consideration of that person's agreement to conceal an offence, screen someone from legal punishment, or refrain from proceeding against someone to bring that person to punishment.
The expression gratification is broader than cash and may include another benefit. The crucial question is whether the benefit or restoration of property is connected to shielding an offender from legal consequences. The prosecution must establish the required conduct and unlawful consideration; merely making an ordinary payment does not automatically establish the offence.
Essential ingredients
- A gratification is given, offered or agreed to be given, or property is restored or its restoration arranged.
- The benefit is directed to a person whose conduct is being influenced.
- The consideration is concealment of an offence, shielding a person from legal punishment, or not pursuing proceedings intended to bring a person to punishment.
- The relevant offence is not within the statutory exception for lawful compounding.
Punishment under BNS Section 251
| Underlying offence | Maximum punishment for offering the benefit |
|---|---|
| Punishable with death | Imprisonment of either description up to 7 years, and fine. |
| Punishable with life imprisonment or imprisonment extending to 10 years | Imprisonment of either description up to 3 years, and fine. |
| Punishable with imprisonment not extending to 10 years | Imprisonment of the description provided for that offence up to one-fourth of its longest term, or fine, or both. |
The punishment category depends on the legally prescribed punishment for the underlying offence, not simply on the sentence actually imposed in that case.
Exception: Lawful compounding of offences
The express exception to BNS Sections 250 and 251 excludes a case in which the underlying offence may lawfully be compounded. Compounding is the legally recognised settlement of specified criminal offences, subject to the conditions and any court permission required under the applicable criminal procedure law. A private agreement to suppress a non-compoundable offence is not protected merely because the parties describe it as a settlement.
Practical illustration
Suppose A offers money to a witness on the condition that the witness conceals information about a serious non-compoundable crime committed by B. Even if the witness refuses the money, the offer itself may attract Section 251 if the statutory elements are proved. By contrast, an authorised compromise of a lawfully compoundable offence is considered under the statutory exception.
Former IPC Section 214: Scope and continuity
IPC Section 214 addressed giving or offering gratification, or restoring property, to induce the concealment of an offence or the screening of an offender. Its punishment structure included imprisonment up to seven years with fine for an offence punishable with death; up to three years with fine for offences punishable with life imprisonment or up to ten years; and a proportionate maximum of one-fourth of the prescribed term, or fine, or both, for lesser offences.
Its exception, shared with IPC Section 213, excluded offences that could lawfully be compounded. The corresponding current exception appears with BNS Section 251 and expressly refers to BNS Section 250 as well. The BNS generally governs offences committed on or after 1 July 2024; the applicable law for earlier conduct requires consideration of the repeal-and-savings provisions and relevant transitional rules.
Difference between Sections 250 and 251 BNS
Section 250 concerns accepting, seeking or agreeing to accept a benefit in return for shielding an offender. Section 251 concerns the person giving, offering or agreeing to give that benefit or arranging restoration of property for that purpose. The two provisions address opposite sides of the prohibited arrangement.
Frequently asked questions
What is the current equivalent of IPC Section 214?
Section 251 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 214 for conduct governed by the new criminal law.
Is an actual payment necessary?
No. The provision expressly covers offering or agreeing to give gratification, as well as giving it or restoring property, when the required consideration is present.
What if the underlying offence is punishable with death?
The punishment may extend to seven years of imprisonment of either description, and the person is also liable to a fine.
Does the law apply to a lawfully compoundable offence?
The statutory exception excludes cases in which the underlying offence may lawfully be compounded. Lawful compounding must follow the applicable procedural requirements.
Official legislation and related reading
Read the Bharatiya Nyaya Sanhita, 2023 (official BPR&D PDF), particularly Sections 250 and 251, and the published statutory text of the BNS. For historical context, see the Indian Penal Code section index and IPC Section 213: Taking gift to screen an offender.
This article provides general legal information. The precise statutory charge, procedure and consequences depend on the facts and applicable law.