IPC Section 214: Offering gift or restoration of property inconsideration 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’ 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. 

Exceptions

  1. The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded. 

IPC Section 214: Simplified Explanation 

IPC Section 214 of the Indian Penal Code deals with offering a gift or restoring property in consideration of screening an offender from legal punishment. It criminalizes any act where an individual offers or agrees to offer any form of gratification or restores property to prevent an offender’s apprehension or trial. 

This section aims to uphold the integrity of the legal process by ensuring that individuals do not interfere with the course of justice through bribery or similar means. 

Is IPC Section 214 bailable? 

Yes, IPC Section 214 is a bailable offence. This means that an individual accused under this section has the right to seek bail from the court, and the court is likely to grant bail as per the legal provisions. 

IPC Section 214 Punishment 

The punishment for an offence under IPC Section 214 varies depending on the severity of the crime associated with the offender being screened: 

  • Suppose the offender is accused of an offence punishable with death or life imprisonment. In that case, The person offering the gift or restoring the property to screen such an offender is subject to imprisonment for a term extending to seven years and shall also be liable to fine. 
  • Suppose the offender is accused of an offence punishable with imprisonment up to 10 years. In that case, The person offering the gift or restoring the property to screen such an offender is subject to imprisonment for a term extending to three years and shall also be liable to fine. 
  • In any other case, The person offering the gift or restoring the property to screen such an offender is subject to imprisonment for a term extending to one-fourth of the longest term of imprisonment provided for the offence, with a fine or with both. 

Example of IPC Section 214 

In a real-life scenario, consider a situation where an individual, Ram, has committed a serious offence punishable by life imprisonment. Ram’s friend, Shyam, knows about the crime and offers a substantial sum of money to a police officer to ensure that Ram is not arrested or prosecuted. Here, Shyam’s offer of money to prevent Ram’s apprehension and trial falls under the purview of IPC Section 214. Shyam can be prosecuted under this section for trying to screen Ram from legal punishment by offering a bribe. 

In another instance, consider a case where Anil steals valuable equipment from his company and sells it. Anil’s accomplice, Raj, who knows about the theft, offers to return the stolen property to the company if the company agrees not to report the theft to the police. Raj’s act of offering to restore stolen property to prevent Anil’s prosecution would also constitute an offence under IPC Section 214.

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