Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall—
(a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Simplified Explanation
Section 250 criminalizes the act of accepting or attempting to obtain any gratification (such as money, property, or other benefits) in exchange for concealing an offense, shielding an offender from legal punishment, or avoiding the pursuit of legal action against an offender. This provision is intended to deter individuals from becoming involved in corrupt practices that enable offenders to escape justice.
Key Provisions of Section 250
Offense:
The section criminalizes three key actions related to taking bribes or rewards to conceal an offense or screen an offender:
- Acceptance or Attempt to Obtain Gratification:
- An individual who accepts or attempts to obtain any gratification (money, property, or any other benefit) in return for concealing an offense or an offender.
- Agreement to Accept Gratification:
- If a person agrees to accept any gratification to conceal an offense or to prevent a person from facing legal consequences.
- Not Prosecute to Screen the Offender:
- If an individual refrains from taking legal action against a person to shield them from punishment by accepting a gratification.
Punishment:
The penalties under this section are dependent on the severity of the underlying offense:
- If the offense is punishable with death, the person who accepts or attempts to obtain gratification shall be punished with:
- Imprisonment: Imprisonment of either description for a term which may extend to seven years.
- Fine: The individual will also be liable to a fine.
- If the offense is punishable with imprisonment for life or up to ten years, the punishment for taking a bribe to screen an offender will be:
- Imprisonment: Imprisonment of either description for a term which may extend to three years.
- Fine: The individual will also be liable to a fine.
- If the offense is punishable with imprisonment for less than ten years, the punishment will be:
- Imprisonment: Imprisonment of the description provided for the offense, for a term that may extend to one-fourth of the longest term of imprisonment for the offense.
- Fine: The person may also be liable to a fine, or both imprisonment and fine.
Purpose and Scope
Section 250 aims to prevent corruption in the justice system by addressing the acceptance of rewards or gifts in exchange for concealing criminal actions or protecting offenders from legal consequences. The punishment for such actions escalates depending on the severity of the crime involved, reinforcing the principle that hindering justice for personal gain is a serious offense.
Illustration of the Offense:
- Scenario:
A person, knowing that B has committed a crime punishable with life imprisonment, accepts a sum of money from C in exchange for hiding B and preventing his arrest.
Since the offense is punishable with life imprisonment, the person who accepts the bribe could face up to three years of imprisonment and a fine.
Conclusion
Section 250 of the Bharatiya Nyaya Sanhita, 2023 addresses the corruption related to the concealment of crimes in exchange for rewards. It provides a deterrent against individuals engaging in the illegal trade of protecting offenders from facing justice. This section complements other provisions related to the administration of justice, ensuring that the law remains fair and untainted by bribery or corruption.
