Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brief Detail
BNS Section 251 penalizes offering gifts or restoration of property in exchange for concealing an offence or preventing legal punishment. The severity of the punishment depends on the nature of the concealed offence, with terms extending to seven years for capital offences.
Question & Answers
Q1: What is the punishment for offering a gift to conceal an offence punishable with death?
A1: Under Section 251, offering a gift to conceal an offence punishable with death can result in imprisonment for up to seven years and a fine.
Q2: Can Section 251 be applied in cases where the offence may lawfully be compounded?
A2: No, Section 251 and Section 250 do not apply to cases where the offence may lawfully be compounded.
Example
Example Scenario:
If A offers B a gift to prevent B from proceeding against C, who committed a serious offence, A could face imprisonment for a term based on the severity of C's crime.
Summary
BNS Section 251 penalizes offering gratification or restoring property to conceal an offence or prevent legal punishment. Punishments vary according to the gravity of the concealed offence, with special exceptions for lawfully compoundable cases.
