BNS Section 250 – Taking gift, etc , to screen an offender from punishment
The Indian Penal Code (IPC) Section – 213
Understanding BNS Section 250: Taking Gifts to Screen an Offender from Punishment
The legal system relies on fairness and integrity to ensure justice is served. However, when someone accepts gifts, bribes, or other benefits to help an offender evade punishment, it undermines the rule of law. Section 250 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 250 Say?
Section 250 deals with the act of accepting or attempting to obtain gifts, bribes, or property in exchange for:
- Concealing an offense,
- Helping someone avoid legal punishment, or
- Not taking legal action against an offender.
Here’s what the law states:
- Offense: If a person accepts, agrees to accept, or attempts to obtain any gratification (gift, bribe, or property) for themselves or someone else in exchange for:
- Concealing an offense,
- Screening an offender from legal punishment, or
- Not proceeding against an offender to bring them to justice,
they commit an offense.
- Punishment: The punishment varies depending on the severity of the offense committed by the offender:
- If the offense is punishable with death:
- Imprisonment for up to 7 years, and
- A fine.
- If the offense is punishable with life imprisonment or imprisonment up to 10 years:
- Imprisonment for up to 3 years, and
- A fine.
- If the offense is punishable with imprisonment less than 10 years:
- Imprisonment for up to one-fourth of the maximum term of the offense, or
- A fine, or
- Both imprisonment and fine.
- If the offense is punishable with death:
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Accepting gifts, bribes, or property to help an offender evade punishment. |
| Punishment (Death) | Up to 7 years in jail and a fine. |
| Punishment (Life/10 yrs) | Up to 3 years in jail and a fine. |
| Punishment (<10 yrs) | Up to one-fourth of the maximum term of the offense, or fine, or both. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Prevents Corruption: It discourages individuals from accepting bribes or gifts to obstruct justice.
- Ensures Accountability: It holds people accountable for helping offenders evade punishment.
- Maintains Trust in the Legal System: It ensures that the legal process is not compromised for personal gain.
Examples of Offenses Under Section 250
- Example 1: A police officer accepts a bribe to not file charges against a person who committed a serious crime punishable with death.
- Example 2: A witness agrees to accept money in exchange for not testifying against an offender in a case involving life imprisonment.
- Example 3: A public official takes a gift to help someone avoid punishment for an offense punishable with less than 10 years of imprisonment.
Conclusion
Section 250 of the BNS is a crucial provision to ensure that justice is not compromised by bribery or corruption. Accepting gifts, bribes, or property to help an offender evade punishment is a serious offense, and the punishment varies based on the severity of the original crime. Always act honestly and within the bounds of the law.
