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Bns Section 252: Taking Gift To Help To Recover Stolen Property, Etc.
Section 252 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 252 specifically deals with concealing a robbery from the law. Let us take a closer look at its provisions.
Definition of BNS Section 252
Section 252 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”
Explanation and Illustration of Section 252
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of concealing robbery from the law. Let us break down the section to get a better understanding of it.
Offence
When any person is aware of the whereabouts of stolen goods, and instead of approaching the legal authorities, approaches the owner of the stolen goods and offers to help recover the stolen goods in exchange for any consideration shall be considered an offender under this section.
This section specifically deals only with theft of movable property such as jewellery, household items, small machinery, vehicles etc. The section defines the offence in two folds:
Both acts are considered punishable as the very act of offering to bypass the legal system is an act of undermining the law, with the implied intent of letting a theft or robbery go unreported.
However, the section also states that such an act shall be punished unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence. In other words, if a person helps someone recover their stolen goods in exchange for remuneration and then makes sure that the thief is rightfully apprehended by the authorities, then such an act of recovering stolen goods shall not be considered a crime.
Punishment
If a person offers to help recover stolen goods in return for remuneration and does not cooperate with the authorities in apprehending the thief to the best of his abilities, he or she shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Illustration
A’s car is stolen. B approaches A, telling him that he may know where the car is and can help recover the car if A pays him some money. B then takes the money to C, who has stolen the car, splits the money with C and brings the car back to A without getting the police involved. B is an offender under the provisions of Section 252.
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 252
This section deals with: Accepting consideration to recover stolen property.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 252 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 252 of BNS replaces IPC Section 215. 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 |
|---|---|---|---|
| 252 | Taking gift to help to recover stolen property, etc. | 215 | 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:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- 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 252 of the Bharatiya Nyay Sanhita (BNS)
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