Section 252 BNS: Taking Gift to Help Recover Stolen Property
Section 252 of the Bharatiya Nyaya Sanhita, 2023 deals with taking, agreeing to take, or consenting to take gratification on the pretence or basis of helping a person recover movable property lost through an offence, unless all means in the recipient's power are used to cause the offender to be apprehended and convicted.
Text of Section 252 of the Bharatiya Nyaya Sanhita, 2023
252. Taking gift to help to recover 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.
Meaning of Section 252 BNS
The provision addresses situations in which a person seeks or accepts gratification for helping someone recover movable property taken or lost as a result of an offence, but does not use all means within that person's power to secure the apprehension and conviction of the offender.
The focus is not merely on receiving money or another benefit. The gratification must be taken, agreed to be taken, or consented to be taken under the pretence or on account of helping to recover movable property of which another person has been deprived by an offence punishable under the BNS.
Essential Ingredients of Section 252 BNS
- A person must take, agree to take, or consent to take gratification.
- The gratification must be taken under pretence or on account of helping another person recover movable property.
- The movable property must be property of which that person has been deprived by an offence punishable under the Bharatiya Nyaya Sanhita.
- The person receiving or agreeing to receive the gratification must fail to use all means in his or her power to cause the offender to be apprehended and convicted.
Punishment and Classification under Section 252 BNS
| Particular | Section 252 BNS |
|---|---|
| Offence | Taking gratification to help recover movable property of which a person has been deprived by an offence, without using all means in one's power to cause apprehension and conviction of the offender |
| Punishment | Imprisonment of either description for up to 2 years, or fine, or both |
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Bailable |
| Court competent to try | Magistrate of the first class |
What Does "Gratification" Mean in Section 252?
In the context of Section 252, gratification refers to a benefit or consideration accepted, agreed to be accepted, or consented to be accepted for the claimed assistance in recovering the movable property. The statutory language is broad and does not restrict the provision to a conventional monetary payment.
What Does "Movable Property" Mean?
Section 2 of the Bharatiya Nyaya Sanhita contains statutory definitions used throughout the Sanhita. The expression "movable property" is defined to include property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth.
Requirement to Cause Apprehension and Conviction of the Offender
Section 252 contains an important qualification. Liability arises unless the person taking or agreeing to take the gratification uses all means in his or her power to cause the offender to be apprehended and convicted. Whether that requirement has been met will depend on the facts, the person's actual capacity to act, and the evidence available in the particular case.
Section 252 BNS and Former Section 215 IPC
Section 252 BNS substantially carries forward the subject previously contained in Section 215 of the Indian Penal Code, 1860. Because the IPC was repealed subject to statutory savings, conduct occurring before the commencement of the BNS may require consideration under the earlier law and the applicable repeal-and-savings provisions.
Related BNS Provisions
Section 251 BNS: Offering gift or restoration of property in consideration of screening an offender.
Section 253 BNS: Harbouring an offender who has escaped from custody or whose apprehension has been ordered.
Section 254 BNS: Penalty for harbouring robbers or dacoits.
Quick Summary
Section 252 BNS criminalises taking or agreeing to take gratification for helping recover movable property lost through an offence where the person does not use all means in his or her power to secure the offender's apprehension and conviction. The maximum punishment is two years' imprisonment, or fine, or both. The offence is cognizable and bailable and is triable by a Magistrate of the first class.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.