Bharatiya Nyaya Sanhita: Section 252 – Taking gift for recovery of stolen property, etc.

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Simplified Explanation

Section 252 of the Bhartiya Nyaya Sanhita (BNS) 2023 addresses unethical or corrupt practices involving the recovery of stolen property or movable assets. This section penalizes individuals who exploit victims of theft or related offences by taking bribes or other forms of gratification under the pretense of assisting them in recovering their property. It emphasizes the duty to aid in the apprehension and conviction of offenders.

Key Elements of Section 252

1. Acts Constituting the Offence:
   • Taking, agreeing to take, or consenting to take gratification:
     • Any kind of favor, gift, or bribe accepted by a person claiming to assist the victim in recovering stolen or unlawfully taken movable property.
     • The gratification could be in money, goods, or other valuable consideration.
   • Pretending to help:
     • The offence involves acting under the false pretense of aiding recovery, often exploiting the victim’s vulnerability.
   • Account of recovery:
     • Even if the offer appears legitimate, the law mandates that the person receiving gratification must actively contribute to the justice process.
2. Obligation to Act:
   • The individual receiving gratification must:
     • Use all means in their power to ensure the offender is apprehended (caught) and convicted of the offence.
   • Failure to take such steps results in criminal liability.

Punishment

• Imprisonment: Up to two years (of either description—rigorous or simple).
• Fine: The individual may also be fined.
• Both: In some cases, both imprisonment and fine may be imposed.

Objective of Section 252

1. Deterring Exploitation:
   • Prevents individuals, including law enforcement officers or private intermediaries, from exploiting victims by demanding money or favors under the guise of assistance.
2. Ensuring Justice:
   • Imposes an obligation on those involved in recovery efforts to actively participate in the justice process, including apprehending and convicting offenders.
3. Discouraging Corruption:
   • Targets corruption in recovery processes, especially in cases where bribes are taken to avoid fulfilling legal obligations.

Illustrations

1. Example 1:
   • A’s watch is stolen. B, claiming to know the thief, demands ₹10,000 from A to recover the watch but does not report the thief to the police.
   • B is guilty under Section 252 because they failed to ensure the apprehension and conviction of the thief.
2. Example 2:
   • X, a police officer, recovers Y’s stolen laptop and accepts ₹5,000 from Y, promising to arrest the thief but does not pursue any action against the offender.
   • X is liable for punishment under this section.
3. Example 3:
   • Z, a private detective, recovers stolen jewelry for a victim and informs the police, leading to the thief’s arrest and conviction. Z is not liable under Section 252 because they used all means to ensure justice.

Comparison with IPC

• Section 252 corresponds to Section 214 of the IPC, but the BNS provides a clearer framework for accountability and punishment. The intent remains the same: to discourage corruption and exploitation while ensuring offenders face justice.

Analysis and Commentary

1. Balance of Accountability:
   • Section 252 penalizes those who misuse their position or knowledge to gain undue benefits but does not criminalize legitimate service fees for assistance.
   • The section mandates a duty of care: once gratification is accepted, the person must take genuine steps to assist in the offender’s apprehension and conviction.
2. Scope:
   • It applies broadly to anyone, including private individuals and public officials.
   • The section is particularly relevant in contexts where victims rely on intermediaries, such as police, investigators, or informants, to recover property.
3. Challenges:
   • Proving “pretence” or intent to deceive may require substantial evidence, such as documented agreements or witness testimonies.

Relation to Other Provisions

• Section 251: Focuses on offering or accepting gratification for concealing offences, whereas Section 252 deals specifically with recovery of stolen property under false pretenses.
• Section 250: Complements Section 252 by addressing harboring offenders, ensuring a cohesive legal framework to address corruption and obstruction in the justice system.