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Section 250 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 250 specifically deals with screening offenders. Let us take a closer look at its provisions.

Definition of BNS Section 250

Section 250 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of Section 250

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of accepting consideration for protecting an offender. Let us break down the section to get a better understanding of it.

Offence

When any person offers to protect a person wanted for a crime from being apprehended by the authorities in return for remuneration or consideration, then such person shall be considered an offender as well under the provisions of this section. The offender in this context is most likely to be someone who

  • Is a witness to a crime
  • Has knowledge or awareness of a crime
  • Has evidence of the crime
  • Knows the whereabouts of a person wanted for a crime
  • Is the victim of the crime
  • Is investigating the crime

  • The section highlights three specific types of actions that shall be considered as an offence under this section:
  • concealing an offence - this refers to covering up the occurrence of a crime in collusion with the offender. This involves ensuring that the authorities remain unaware of the crime itself, hence sheltering the criminal
  • screening any person from legal punishment for any offence - this refers to not reporting the offender, misidentifying the offender, making a false statement as to the innocence of the offender or concealing the whereabouts of the offender to the authorities
  • not proceeding against any person for the purpose of bringing him to legal punishment - this refers to a person who is the victim of a crime but agrees not to proceed against the offender with legal action. This can also refer to a public servant in charge of apprehending the offender who agrees not to bring charges against the offender.

  • Further, the section also illustrates the kinds of considerations that persons may accept in return for protecting the offender. According to this section, it shall be an offense if a person protects an offender in return for accepting (receiving something offered), attempting to obtain (suggesting or making a demand) or agreeing (entering into an agreement) any of the following:

  • Any gratification - This refers to any kind of item or favour that is sought by the person receiving it for their benefit, pleasure or luxury. The section clarifies that even if the gratification was not accepted directly by them but has caused to benefit someone of interest to the person offering protection, it shall still be an offence.
  • Restitution of Property -This refers to any restoration, redevelopment or super modification made to an existing property owned by the person offering the protection.


  • If any of the above are received in return for protecting a person from legal prosecution shall be considered an offence under the provisions of section 250.

    Punishment

    The punishment for the offence under this section has been categorised into three tiers depending on the severity of the crime for which the evidence was disrupted.

  • For protecting a criminal who is accused of committing an offence that is punishable with death, the person offering the harbour shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine;
  • For protecting a criminal who is accused of committing an offence that is punishable with imprisonment for life, or with imprisonment which may extend to ten years, the person offering the harbour shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine;
  • For protecting a criminal who is accused of committing an offence that is punishable with a prison term greater than one year, but not more than ten years, the person offering the harbour shall 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 the imprisonment provided for the offence, or with fine, or with both. For instance, if the person who has been given harbour has been accused of a crime which is punishable with a prison term of 2-4 years, then the punishment for harbouring such a person shall be one-fourth of the maximum term which is 4 years. Hence the offender shall be punished with imprisonment of one year under Section 250.

  • Illustration

    X is a police officer in charge of a murder case. X investigates and finds Y to be the murderer. Instead of arresting Y, he approaches Y and offers to destroy the evidence against him in return for a large sum of money. Since X is protecting a person guilty of murder, and the punishment for murder is death, X shall be prosecuted as per the provisions of clause (b) of section 250 with a prison sentence of seven years and a fine.

    Disclaimer:

    The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

    Key Points of BNS 250

    This section deals with: Receiving consideration for harbouring a fugitive.

    Description of offence:

  • Any person who agrees to receive any kind of gratification or consideration in return for harbouring a person who they know to be a fugitive of the law shall be considered an offender under this section.

  • Punishment for offence:
  • Any person found guilty under this section shall be subject to imprisonment along with fine. The term of imprisonment varies depending on the seriousness of the offence which the fugitive has been accused of.

  • Exceptions to offence:
  • The offender has been coerced into committing the offence
  • The person is a minor or not of sane mind
    1. Differences Between Section 250 of BNS and its equivalent IPC section

      The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 250 of BNS replaces IPC Section 213. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

      BNS Sections/Subsections Subject IPC Sections Summary of Comparison
      250 Taking gift, etc., to screen an offender from punishment. 213 No change in provisions for offence.

      Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

      Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

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      • Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

      FAQs about Section 250 of the Bharatiya Nyaya Sanhita (BNS)

      Receiving any kind of gratification or consideration in exchange for harbouring a fugitive of the law shall be considered a violation under Section 250.
      Any person found guilty under this section shall be subject to imprisonment along with fine. The term of imprisonment varies depending on the seriousness of the offence which the fugitive has been accused of.
      By penalising acceptance of any kind of consideration in return for harbouring fugitives, Section 250 ensures accountability in delivery of justice.
      No. Section 250 only punishes those who accept gifts for harbouring an offender. Since the gifts have been given to commit an offence it shall not be punishable under Section 250. It shall however be punishable under the section relevant to destruction of evidence.
      Section 250 if a criminal offence and is hence under the jurisdiction of the criminal court.
       Section 250 of BNS

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