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,
if a capital offence – shall, 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;
if punishable with imprisonment for life, or with imprisonment – and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall 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.
IPC Section 213: Simplified Explanation
IPC Section 213 deals with taking a gift, gratification, or any other benefit in exchange for screening an offender from legal punishment. This section applies when a person accepts any benefit to help an offender evade punishment. The purpose of this provision is to prevent corruption and ensure that justice is not obstructed by individuals who bribes or other benefits might influence.
Key Elements:
- The person must accept or agree to accept a gift, gratification, or any other benefit.
- The benefit must be in return for screening an offender from punishment.
- The intent must be to shield the offender from legal consequences.
Is IPC Section 213 Bailable?
The bailability of IPC Section 213 depends on the nature of the offence for which the person is accepting the benefit to screen the offender:
- If the offence committed is punishable by death, imprisonment for life, or imprisonment for ten years or more, it is a non-bailable offence.
- Other offences are bailable offences.
IPC Section 213 Punishment
The punishment for an offence under IPC Section 213 varies based on the nature of the offence for which the benefit is taken to screen the offender:
- Suppose the offence is punishable by death, imprisonment for life, or imprisonment for ten years or more. In that case, the punishment is imprisonment of either description for a term which may extend to seven years and a fine.
- In other cases, the punishment is imprisonment of either description for a term which may extend to three years, or with a fine, or with both.
Example of IPC Section 213
Consider a scenario where Mr. X is a police officer who is investigating a serious crime committed by Mr. Y. To avoid getting arrested and prosecuted, Mr. Y offers a large sum of money to Mr. X. Mr. X accepts the money and in return, manipulates the investigation to shield Mr. Y from legal punishment. Here, Mr X can be prosecuted under IPC Section 213 for accepting a bribe to screen an offender from punishment, as his actions aimed to obstruct justice in exchange for personal gain.
