Section 250 BNS: Taking Gift, etc., to Screen an Offender from Punishment
Section 250 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with accepting, attempting to obtain, or agreeing to accept gratification or restitution of property in return for concealing an offence, screening an offender from legal punishment, or refraining from proceeding against a person for the purpose of bringing that person to legal punishment.
Text of Section 250 BNS
250. Taking gift, etc., to screen an offender from punishment. 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.
Meaning of Section 250 BNS
Section 250 addresses a bargain or arrangement under which a person receives, seeks, or agrees to receive a benefit in exchange for helping to suppress an offence or protect an offender from legal consequences. The provision covers gratification received for oneself or another person, as well as restitution of property to oneself or another person.
Essential ingredients
- The accused accepts, attempts to obtain, or agrees to accept gratification or restitution of property.
- The benefit may be intended for the accused or for another person.
- The benefit must be in consideration of concealing an offence, screening a person from legal punishment, or not proceeding against a person to bring that person to legal punishment.
- The punishment depends on the seriousness of the underlying offence.
Punishment under Section 250 BNS
The maximum punishment is linked to the punishment prescribed for the underlying offence that is being concealed or in respect of which an offender is being screened.
| Clause | Underlying offence | Punishment under Section 250 |
|---|---|---|
| 250(a) | Offence punishable with death | Imprisonment of either description up to 7 years and fine |
| 250(b) | Offence punishable with imprisonment for life or imprisonment up to 10 years | Imprisonment of either description up to 3 years and fine |
| 250(c) | Offence punishable with imprisonment not extending to 10 years | Imprisonment of the description provided for the underlying offence up to one-fourth of its longest term, or fine, or both |
Is Section 250 BNS Cognizable and Bailable?
Under the First Schedule to the BNSS, Section 250(a), Section 250(b) and Section 250(c) are cognizable and bailable. Each is triable by a Magistrate of the first class.
| Provision | Cognizable | Bailable | Triable by |
|---|---|---|---|
| Section 250(a) | Yes | Yes | Magistrate of the first class |
| Section 250(b) | Yes | Yes | Magistrate of the first class |
| Section 250(c) | Yes | Yes | Magistrate of the first class |
Gratification and Restitution of Property under Section 250
The statutory language is deliberately broad. It covers gratification accepted or sought for the accused or for another person, and it also covers restitution of property. The relevant benefit must be connected with an agreement or understanding to conceal an offence, screen an offender, or refrain from taking steps to bring an offender to legal punishment.
Frequently Asked Questions
What is prohibited by Section 250 BNS?
It prohibits accepting, attempting to obtain, or agreeing to accept gratification or restitution of property in return for concealing an offence, screening an offender, or not proceeding against a person to bring that person to legal punishment.
Is Section 250 BNS cognizable?
Yes. All three parts of Section 250 are classified as cognizable under the BNSS First Schedule.
Is Section 250 BNS bailable?
Yes. Section 250(a), 250(b) and 250(c) are bailable.
Which court tries an offence under Section 250 BNS?
Each classification under Section 250 is triable by a Magistrate of the first class.
What is the maximum punishment under Section 250(a)?
Where the underlying offence is punishable with death, imprisonment under Section 250(a) may extend to seven years and the offender is also liable to fine.
This page is intended as a legal information resource. Application of Section 250 depends on the facts, the nature of the alleged benefit or arrangement, the underlying offence and the applicable procedural law.