Section 251 BNS: Offering Gift or Restoration of Property to Screen an Offender
Section 251 of the Bharatiya Nyaya Sanhita, 2023 deals with giving, offering or arranging gratification, or restoring property, in return for concealing an offence, screening an offender from legal punishment, or refraining from proceedings intended to bring an offender to legal punishment.
Text of Section 251 of the Bharatiya Nyaya Sanhita, 2023
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.
What Section 251 BNS Means
The section targets the person who provides or offers the benefit used to induce another person to suppress an offence or protect an offender. The benefit may be a gratification, the restoration of property, or an arrangement to provide either of them.
In practical terms, the prosecution must connect the promised or actual benefit with the consideration that the recipient will conceal the offence, screen a person from legal punishment, or refrain from taking steps to bring that person to legal punishment. A mere gift or restoration of property, without that prohibited consideration, does not by itself satisfy the wording of Section 251.
Essential Ingredients of Section 251 BNS
- There must be giving, causing, offering or agreeing to give gratification, or restoring or causing restoration of property.
- The benefit must be connected with an offence and the screening of a person from legal punishment.
- The consideration must involve concealment of the offence, screening of a person from punishment, or refraining from proceedings intended to bring that person to legal punishment.
- The applicable punishment depends on the punishment prescribed for the underlying offence.
- The statutory exception applies where the underlying offence may lawfully be compounded.
Punishment and Case Classification under Section 251 BNS
| Clause | Underlying offence | Punishment under Section 251 | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 251(a) | Punishable with death | Imprisonment up to 7 years and fine | Non-cognizable | Bailable | Magistrate of the first class |
| 251(b) | Punishable with imprisonment for life or imprisonment up to 10 years | Imprisonment up to 3 years and fine | Non-cognizable | Bailable | Magistrate of the first class |
| 251(c) | Punishable with imprisonment for less than 10 years | Up to one-fourth of the longest term provided for the underlying offence, or fine, or both | Non-cognizable | Bailable | Magistrate of the first class |
Exception for Compoundable Offences
Section 251 expressly provides that Section 251 and Section 250 do not extend to a case in which the underlying offence may lawfully be compounded. Compounding means a legally permitted settlement of specified offences in the manner allowed by the applicable criminal procedure law.
Section 251 BNS and Former Section 214 IPC
Section 251 BNS substantially carries forward the subject previously dealt with by Section 214 of the Indian Penal Code, 1860. The BNS repealed the IPC, subject to the repeal-and-savings provisions applicable to earlier acts, liabilities, investigations and proceedings. For conduct occurring before the commencement of the BNS, the transitional and saving provisions may therefore require separate examination.
Related BNS Provisions
Section 250 BNS: Taking gift, etc., to screen an offender from punishment.
Section 252 BNS: Taking gift to help to recover stolen property, etc.
Section 253 BNS: Harbouring offender who has escaped from custody or whose apprehension has been ordered.
Quick Summary
Section 251 BNS punishes the person who gives, offers or arranges a benefit in return for concealing an offence, protecting an offender from legal punishment, or refraining from proceedings against the offender. The offence is classified as non-cognizable and bailable, and is triable by a Magistrate of the first class. The punishment varies according to the seriousness of the underlying offence.
This page provides general legal information and should not be treated as a substitute for advice on the facts of a particular case.