IPC Section 215 and BNS Section 252: Taking Gift to Recover Stolen Property
Section 215 of the Indian Penal Code, 1860 addressed taking a payment or benefit for helping recover movable property lost through a criminal offence, without making all efforts within one's power to bring the offender to justice. The corresponding current provision is Section 252 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does Section 252 BNS mean?
The law addresses a person who takes, agrees to take or consents to take gratification on the pretext of, or in return for, helping another person recover movable property of which that person was deprived by an offence. Liability arises where the recipient does not use all means within their power to cause the offender to be apprehended and convicted.
Gratification in this context refers to a payment, reward, benefit or other inducement. Movable property generally includes property capable of being moved, such as cash, jewellery, electronic devices or vehicles. The statutory test is not simply whether the property was recovered; it also concerns the recipient's efforts to bring the offender to justice.
Text of BNS Section 252
Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Source: National Crime Records Bureau - BNS statutory chapters.
Essential ingredients of the offence
- Deprivation through an offence: A person has lost movable property as a result of an offence punishable under the applicable criminal law.
- Gratification: Another person takes, agrees to take or consents to take a benefit.
- Recovery connection: The benefit is taken under the pretext of, or in connection with, helping recover that property.
- Failure to pursue the offender: The recipient does not use all means within their power to cause the offender's apprehension and conviction.
The facts and evidence must be examined as a whole. Merely being paid for lawful recovery assistance does not, by itself, establish every element of this offence.
Punishment and classification
| Issue | Position under BNS Section 252 and BNSS |
|---|---|
| Imprisonment | Either description, up to two years |
| Fine | Fine instead of imprisonment, or together with imprisonment |
| Cognizable? | Yes |
| Bailable? | Yes |
| Court | Magistrate of the first class |
The offence classification is listed in the official BNSS First Schedule. Cognizable classification concerns police powers under criminal procedure; bailable classification concerns entitlement to bail subject to the applicable legal requirements.
Practical illustration
A person's motorcycle is stolen. An intermediary offers to arrange its return in exchange for money, claims to know the offender, and receives the payment. Instead of taking all steps within their power to cause the offender's apprehension and conviction, the intermediary deliberately keeps the offender's identity hidden. Depending on the evidence, the intermediary's conduct may attract Section 252 BNS.
By contrast, a person who genuinely assists police and uses all means in their power to secure the offender's apprehension and conviction must be assessed in light of the express statutory qualification.
Difference from screening an offender
IPC Section 213, corresponding to BNS Section 250, concerns taking gratification in consideration of concealing an offence or shielding an offender from punishment. IPC Section 214, corresponding to BNS Section 251, addresses offering gratification or restoration of property for such screening. Section 252 focuses specifically on taking gratification connected with recovery of movable property and the failure to pursue the offender as the provision requires.
Original IPC Section 215
Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The principal wording is retained in BNS Section 252, with the reference to offences punishable under the IPC updated to offences punishable under the Sanhita.
Official statutory references
- NCRB - Bharatiya Nyaya Sanhita, 2023, Section 252
- NCRB - Bharatiya Nagarik Suraksha Sanhita First Schedule
- Bureau of Police Research and Development - BNS text
- India Code - Central legislation database
Frequently asked questions
What is IPC Section 215?
IPC Section 215 penalised taking or agreeing to take gratification for helping recover movable property lost through an offence without using all means in one's power to secure the offender's apprehension and conviction.
What is the corresponding BNS provision?
Section 252 of the Bharatiya Nyaya Sanhita, 2023 carries forward this offence for the new criminal-law framework.
What is the punishment under BNS Section 252?
Imprisonment of either description for up to two years, or a fine, or both.
Is BNS Section 252 cognizable and bailable?
Yes. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies it as cognizable and bailable, triable by a Magistrate of the first class.
Is receiving a reward for finding property always a crime?
No. Liability depends on the statutory conditions, including a connection to recovery of property lost through an offence and the failure to use all means in the recipient's power to secure the offender's apprehension and conviction.
This article provides general statutory information, not advice on the facts of a particular case.