Section 251 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 251 of the Bharatiya Nyāya Sanhitā (BNS), 2023, under Chapter XIV: False Evidence and Offences Against Public Justice:
📜 Section 251 – Offering Gift or Restoration of Property to Screen an Offender
Statutory Text:
Whoever gives, causes, offers or agrees to give any gratification or restores (or causes the restoration of) any property to any person, in consideration of that person’s concealing an offence, or screening someone from legal punishment, or not proceeding against them, shall be punished—
If the offence is punishable by death: imprisonment of up to 7 years and fine;
If punishable with life or up to 10 years’ imprisonment: up to 3 years’ imprisonment and fine;
If punishable with less than 10 years: imprisonment of up to ¼ of that offence’s maximum term, or fine, or both.
Exception: Does not apply when the offence may lawfully be compounded. (devgan.in, vakilsearch.com)
⚖️ Key Highlights
Core Offence: Giving or offering gifts or restoring property to influence someone to hide an offence or refrain from legal action.
Tiers of Punishment: Severity aligns with the seriousness of the offence:
Death‑penalty offences → Up to 7 years + fine.
Life or ≤10‑year offences → Up to 3 years + fine.
<10‑year offences → Up to ¼ of the maximum term, or fine, or both.
(devgan.in)
Exception for Compounding: If the underlying offence is legally compoundable (settled out of court), this section does not apply.
🧭 Comparison with IPC
This provision is analogous to IPC Section 213 (taking gratification to screen offenders).
The BNS version distinctly tiers punishment based on the gravity of the offence and explicitly includes both gifts and property restitution. (vakilsearch.com)
🧩 Practical Implications
Mens rea (intentionality) is critical—you must knowingly offer or restore gratification for the purpose of shielding.
Covers both offeror and beneficiary: anyone who gives or promises payment/property is liable.
Enforcement: Likely a cognizable offence, possibly non‑bailable, and triable by a Magistrate—consistent with similar BNS provisions.
✅ Summary
Section 251 BNS criminalizes offering gifts or property restitution to induce concealment of offences. Penalties are tailored to match the seriousness of the crime being covered up, with a maximum of 7 years imprisonment plus fines for the most serious offences.
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