BNS Section 251 – Offering gift or restoration of property in consideration of screening offender
The Indian Penal Code (IPC) Section – 214
Understanding BNS Section 251: Offering Gifts or Restoring Property to Screen an Offender
The legal system is built on principles of fairness and justice. However, when someone offers gifts, bribes, or property to help an offender evade punishment, it undermines the integrity of the system. Section 251 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 251 Say?
Section 251 deals with the act of offering or agreeing to give gifts, bribes, or property to someone in exchange for:
- Concealing an offense,
- Helping an offender avoid legal punishment, or
- Not taking legal action against an offender.
Here’s what the law states:
- Offense: If a person gives, offers, or agrees to give any gratification (gift, bribe, or property) to someone, or restores or causes the restoration of property, 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? | Offering 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? | Non-cognizable: Police cannot 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 offering bribes or gifts to obstruct justice.
- Ensures Accountability: It holds people accountable for attempting to help 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 251
- Example 1: A person offers money to a witness to not testify against an offender in a murder case (punishable with death).
- Example 2: An individual offers a bribe to a public official to help someone avoid punishment for a crime punishable with life imprisonment.
- Example 3: A person restores property to someone in exchange for not reporting a crime punishable with less than 10 years of imprisonment.
Conclusion
Section 251 of the BNS is a crucial provision to ensure that justice is not compromised by bribery or corruption. Offering 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.
If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
