BNS Section 252 – Taking gift to help to recover stolen property, etc
The Indian Penal Code (IPC) Section – 215
Understanding BNS Section 252: Taking Gifts to Help Recover Stolen Property
The legal system aims to ensure justice and protect individuals from harm. However, when someone accepts gifts or bribes under the pretence of helping recover stolen property without making efforts to bring the offender to justice, it undermines the rule of law. Section 252 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 252 Say?
Section 252 deals with the act of accepting or agreeing to accept gifts or bribes under the pretence of helping someone recover stolen property, without making efforts to ensure the offender is caught and punished. Here’s what the law states:
- Offense: If a person takes, agrees to take, or consents to take any gratification (gift, bribe, or benefit) under the pretence of helping someone recover movable property that was stolen or taken through an offense, and fails to use all means in their power to ensure the offender is apprehended and convicted, they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 2 years,
- A fine, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Accepting gifts or bribes to help recover stolen property without ensuring the offender is caught and punished. |
| Punishment | Up to 2 years in jail, a 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 without taking genuine steps to ensure justice is served.
- Ensures Accountability: It holds people accountable for their actions and ensures they do not profit from illegal activities.
- Protects Victims: It ensures that victims of theft or robbery are not exploited by those who claim to help them recover their property.
Examples of Offenses Under Section 252
- Example 1: A person accepts money from a victim of theft, promising to help recover their stolen goods, but makes no effort to report the crime or catch the thief.
- Example 2: An individual agrees to take a bribe to help someone recover their stolen car but does not inform the police or take any legal action against the offender.
- Example 3: A person consents to receive a gift in exchange for helping recover stolen jewellery but fails to assist in apprehending the thief.
Conclusion
Section 252 of the BNS is a vital provision to ensure that individuals do not exploit victims of theft or robbery for personal gain. Accepting gifts or bribes to help recover stolen property without ensuring the offender is punished is a serious offense. Always act honestly and within the bounds of the law.
