BNS Section 251: Offering Gift for Screening an Offender Explained

Section 251 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 251 specifically deals with . Let us take a closer look at its provisions.

Definition of BNS Section 251

Section 251 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of Section 251

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of failure to assist a public servant. Let us break down the section to get a better understanding of it.

Offence

This section is supplementary to Section 250. As per section 250, if anyone 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 under the provisions of this section. Section 251 states that anyone who offers to remunerate a person in return for protection from criminal prosecution shall be considered an offender. The person making the offer may be the criminal or someone who wants to protect the criminal.

In simple words, if one person protects an offender from prosecution in return for remuneration or consideration, and the other person accepts the remuneration and proceeds to perform actions that shield the offender from prosecution, the person who agrees to protect the offender in return forconsideration shall be punished under Section 250, while the person who pays for such protection shall be punished under Section 251.

The section highlights three specific types of actions that shall be considered as an offence under this section:

concealing an offence - this refers to offering consideration to cover 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 offering consideration to not report 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 offering consideration to the victim of a crime to not proceed against the offender with legal action. This can also refer to offering consideration to a public servant involved in the investigation to not bring charges against the offender.

Further, the section also illustrates the kinds of considerations that persons may offer in return for protecting the offender. According to this section, it shall be an offense if any asks another person to protect an offender from legal prosecution in return for 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 offered in return for protecting a person from legal prosecution shall be considered an offence under the provisions of section 251.

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.

Any person who offers consideration for protecting a criminal who is accused of committing an offence that is punishable with death shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine;

Any person who offers consideration 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, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine;

Any person who offers consideration 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, 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 251.

The above actions may not be an offence under this section if:

The person offering the consideration for protecting a criminal is forced or coerced into making such an offer.

Illustration

X is a police officer in charge of a murder case. X investigates and finds Y to be the murderer. Z offers X a large sum of money to destroy the evidence against Y. Since Z is offering money to protect a person guilty of murder, and the punishment for murder is death, Y shall be prosecuted as per the provisions of clause (b) of section 251 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 251

This section deals with: Offering consideration for harbouring fugitives.

Description of offence:

Any person who offers any kind of gratification or consideration to any person in exchange for harbouring a person who is known 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 punished with imprisonment and fine. The term of imprisonment will vary depending on the seriousness of the crime committed by the fugitive being harboured.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 251 of BNS and its equivalent IPC section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 251 of BNS replaces IPC Section 214. 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
251	Offering gift or restoration of property in consideration of screening offender.	214	No change in provisions for offence.

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FAQs about Section 251 of the Bharatiya Nyay Sanhita (BNS)

What types of offences does BNS Section 251 cover?

What is the punishment for offering gifts in consideration of screening an offender from punishment?

Can the offence under BNS Section 251 be compounded?

No. Section 251 does not extend to any case in which the offence may lawfully be compounded.

What should someone do if accused of violating Section 251?

Any person accused of violating section 251 should be able to prove that they did not make any offer of gratifications or considerations to harbour a fugitive along with evidence in a court of law.

Can Section 251 penalize offering gifts to public officials?

Yes. Section 251 penalises the offering of gifts to anyone, including public officials, in exchange for harbouring fugitives.

How does Section 251 maintain transparency in legal investigations?

By penalising anyone who offers any kind of gratification in exchange for harbouring a fugitive, Section 251 ensures that no fugitive evades justice in this manner.