Bharatiya Nyaya Sanhita: Section 251 – Offering gift or restoration of property in consideration of screening offender

Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s 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.

Exception. — The provisions of this section and section 250 do not extend to any case in which the offence may lawfully be compounded.

Simplified Explanation

Section 251 of the Bhartiya Nyaya Sanhita (BNS) 2023 addresses situations where someone offers or restores property or gives any gratification to another person in exchange for concealing an offence, protecting an offender from punishment, or avoiding legal proceedings. It aims to deter acts that obstruct justice by making such agreements or offers punishable under specific conditions.

Here’s a detailed breakdown:

Key Elements of Section 251

1. Acts Constituting the Offence:
   • Giving or causing gratification: This includes offering money, valuable items, or any favor to a person.
   • Offering or agreeing to give gratification: Even an offer or agreement without actual exchange qualifies.
   • Restoring or causing the restoration of property: Returning stolen or misappropriated property in exchange for concealing the offence.
   • Concealing an offence or screening an offender: Helping someone avoid detection or prosecution for a criminal act.
   • Not proceeding against someone: Refraining from filing or pursuing legal action.
2. Intent:
   • The act must be done in consideration of:
     • Concealing an offence.
     • Protecting an offender from legal punishment.
     • Avoiding legal action to bring the offender to justice.

Punishment

The severity of punishment depends on the gravity of the offence being concealed or for which the offender is being shielded:

1. If the concealed offence is punishable with death:
   • Imprisonment: Up to 7 years (of either description—rigorous or simple).
   • Fine: The offender is also liable to pay a fine.
2. If the concealed offence is punishable with life imprisonment or imprisonment up to 10 years:
   • Imprisonment: Up to 3 years (of either description).
   • Fine: The offender is also liable to pay a fine.
3. If the concealed offence is punishable with imprisonment less than 10 years:
   • Imprisonment: Up to one-fourth of the maximum term prescribed for the offence.
   • Fine: The offender may also be fined.
   • Both imprisonment and fine may be imposed.

Exception

• Compoundable Offences: The section does not apply if the offence in question can be lawfully compounded (settled amicably with the consent of the victim and the offender, subject to legal provisions).
• Compounding is permitted under certain laws for minor offences, typically involving personal disputes, such as defamation, simple assault, or mischief. This exception recognizes situations where amicable resolution aligns with justice.

Objective and Implications

1. Deterrence of Corruption and Collusion:
   • The provision ensures accountability and discourages practices like bribing officials, returning stolen goods, or any other means to obstruct justice.
   • It safeguards the integrity of the legal system by ensuring that offenders face appropriate legal consequences.
2. Clear Differentiation Based on Gravity:
   • The punishment gradation based on the severity of the concealed offence reflects the seriousness of the act and its impact on justice.
3. Encouragement of Transparency:
   • Section 251 prevents misuse of money, power, or influence to hinder justice delivery.

Illustrations

1. Example 1:
   • A murders B, and C (a friend of A) offers ₹1 lakh to a witness D in exchange for not testifying against A.
   • If murder is punishable by death, C can be sentenced to imprisonment for up to 7 years and fined.
2. Example 2:
   • X commits theft (punishable by imprisonment of up to 3 years). Y, a friend of X, returns the stolen property to the victim on the condition that the victim does not file a police complaint.
   • Y can be punished with up to 9 months’ imprisonment (one-fourth of 3 years) or fined, or both.
3. Example 3 (Exception):
   • If the offence is defamation (a compoundable offence), a settlement between the parties does not attract punishment under this section.

Relation to Section 250

• Section 250 penalizes individuals who actively harbor offenders.
• Section 251 expands on this by penalizing acts involving offers or agreements to obstruct justice through gifts or property restoration.
• Together, these sections address various facets of shielding offenders from legal consequences.

Comparison with IPC (Indian Penal Code)

• Section 251 of BNS corresponds to Section 213 of the IPC with updated language and punishment gradation, ensuring clarity and alignment with modern legal principles.