Introduction of BNS Section 250
Bharatiya Nyaya Sanhita (BNS) Section 250 punishes anyone who accepts, or agrees to accept, money, gifts or any other gratification for the purpose of screening an offender from punishment or of not proceeding against an offender. The provision targets corruption and private deals that obstruct criminal justice — whether the briber is a public official, witness, or private person. Penalties scale with the gravity of the concealed offence (death, life/imprisonment up to 10 years, or lesser offences), sending a clear message: you cannot buy protection from the law.
The Bharatiya Nyaya Sanhita (BNS) Section 250 replaces the old Indian Penal Code (IPC) Section 213.
What is BNS Section 250 ?
BNS Section 250 deals with the crime of taking gifts or any form of gratification to help an offender avoid legal punishment. It is a punishable offence if someone accepts or agrees to accept any kind of reward for concealing an offence, shielding a criminal from punishment, or not initiating legal proceedings against the offender.
Under Section 250 of the bns act 2023
“Whoever accepts, or agrees to accept, any gratification for the purpose of screening an offender from legal punishment, or of not proceeding against such offender, shall be punished as provided in this section.”
1. Meaning of “Taking Gratification to Screen an Offender”
- Gratification means any money, gift, property, or benefit (not only cash).
- This section punishes those who accept or agree to accept rewards in exchange for:
- Hiding a crime,
- Protecting an offender from arrest, or
- Avoiding legal action against a guilty person.
- Example: A police officer or private individual takes money to cover up a crime.
2. Who is Covered?
This law applies to:
- Public officials (police, government officers) who take bribes to suppress a case.
- Private individuals who accept benefits to remain silent or obstruct justice.
- Witnesses or informants who accept rewards to withhold evidence.
3. Nature of the Offence
- Cognizable: Police can arrest without a warrant.
- Bailable: Accused can obtain bail as a matter of right.
- Non-compoundable: Cannot be privately settled; must go through court.
- Triable by Magistrate of the First Class.
4. Examples of BNS Section 250
- Example 1: A businessman gives ₹1 lakh to a police officer, who agrees not to file a charge sheet against the offender. → Punishable.
- Example 2: A witness accepts a gift to remain silent in court, helping the criminal escape punishment. → Punishable.
- Example 3: An official takes a free holiday to suppress fraud evidence. → Still covered, as non-monetary gratification counts.
5. Punishment under BNS Section 250
- If shielding an offence punishable with death: Imprisonment up to 7 years + fine.
- If shielding an offence punishable with life imprisonment or up to 10 years: Imprisonment up to 3 years + fine.
- If shielding an offence punishable with less than 10 years: Imprisonment up to ¼ of the maximum term for that offence, or fine, or both.
6. Importance of BNS Section 250
- Ensures justice is not obstructed by bribery.
- Punishes those who help criminals escape punishment.
- Applies to both public officials and private persons.
- Strengthens trust in the legal system by deterring corruption and dishonesty.
Section 250 BNS Overview
BNS 250 is a legal provision that punishes individuals who accept any form of reward (money, property, or services) to shield someone from legal punishment or help conceal a crime. It applies when a person acts in such a way to avoid prosecution or punishment for the offender, whether by hiding evidence or failing to proceed with legal action against the offender.
Detailed Explanation of 10 Key Points of BNS Section 250
- Definition of the Offence
- BNS Section 250 criminalizes the act of accepting any form of gratification, including money, gifts, or property, in exchange for concealing a crime or helping an offender avoid legal punishment.
- The offender may be hiding evidence, not reporting the crime, or taking steps to prevent legal action from being taken.
- Example: A police officer takes ₹50,000 from a criminal’s family to avoid arresting the person who committed a robbery.
- Gratification and Benefits
- The section applies to all forms of gratification, whether monetary or non-monetary. This includes gifts, services, favors, or any property that is given in exchange for concealing an offence or protecting the offender.
- Example: An official accepts a free holiday as a gift in return for covering up a financial scam.
- Applicability to All Persons
- The law applies to everyone who is involved in taking gratification to screen an offender, not just public officials. Private individuals or anyone aware of the crime who accepts bribes to protect an offender can be prosecuted.
- Example: A witness in a criminal case is paid to change their testimony or hide the truth, thus obstructing justice.
- Gratification Can Be for Any Offender
- The law does not limit the act of shielding to a particular class of offenders. It applies to anyone who offers or accepts rewards to protect an offender, irrespective of the crime committed.
- Example: A neighbor receives money to hide information about a violent criminal living next door and not report their activities.
- Punishment for Severe Crimes (Section 250(a))
- If the person is protecting an offender who committed an offence punishable with death, the person accepting the bribe can face up to 7 years of imprisonment and a fine.
- Example: A person helps a murderer escape arrest after receiving a large sum of money, and the punishment for that act can be up to 7 years.
- Punishment for Life or Long-Term Imprisonment (Section 250(b))
- If the crime being concealed is punishable with life imprisonment or a sentence extending to 10 years, the penalty for accepting the bribe is up to 3 years of imprisonment and a fine.
- Example: A criminal’s relative offers money to a government officer to stop the prosecution of a person who committed a violent crime.
- Punishment for Lesser Offences (Section 250(c))
- If the offence that is being shielded is punishable with a term of imprisonment of less than 10 years, the person can face imprisonment up to one-fourth of the longest term for that crime, or a fine, or both.
- Example: A person accepts a small amount of money to conceal a case of assault and agrees to delay legal action.
- Cognizable Offence
- BNS Section 2250 is a cognizable offence, meaning the police have the authority to arrest the accused without needing a warrant. This allows for a quicker response in cases of obstruction of justice.
- Example: The police can arrest an individual on suspicion of taking a bribe to conceal a crime without waiting for court approval.
- Bailable Offence
- Despite its seriousness, offences under BNS Section 250 are bailable. This means that the accused can apply for bail and be released from custody until their trial.
- Example: A person charged under this section can be granted bail if the court sees fit, even though they face significant criminal charges.
- Trial by Magistrate of the First Class
- Cases under BNS Section 250 are triable by a Magistrate of the First Class, ensuring a fair and timely trial process in lower courts.
- Example: If someone is arrested under this section, their trial will be conducted in the appropriate court where the case will be examined by a Magistrate of the First Class.
Examples of BNS Section 250
Example 1:
Ravi, a businessman, offers ₹1 lakh to a police officer to avoid filing a charge sheet against his friend, who was involved in a fraud case. The officer accepts the money. Both can be prosecuted under BNS Section 250.
Example 2:
An accountant in a company takes free overseas trips from a client to delay reporting financial fraud discovered during an audit. This action of accepting a reward for covering up the fraud is punishable under this section.
BNS 250 Punishment
For screening an offence punishable with death: Up to 7 years imprisonment and a fine.
For screening an offence punishable with life imprisonment or up to 10 years: Up to 3 years imprisonment and a fine.
For screening an offence punishable with less than 10 years imprisonment: Imprisonment up to one-fourth of the longest term for the original offence, or a fine, or both.
BNS 250 bailable or not ?
Yes, offences under BNS Section 250 are bailable. This means the accused has the right to obtain bail from the police or court.
Bharatiya Nyaya Sanhita Section 250
| BNS Section | Offence | Punishment | Bailable? | Cognizable? | Triable by |
|---|---|---|---|---|---|
| 250(a) | Taking gratification to screen an offender from a crime punishable with death | Imprisonment up to 7 years and fine | Bailable | Cognizable | Magistrate of the First Class |
| 250(b) | Taking gratification to screen an offender from a crime punishable with life imprisonment or up to 10 years | Imprisonment up to 3 years and fine | Bailable | Cognizable | Magistrate of the First Class |
| 250(c) | Taking gratification to screen an offender from a crime punishable with less than 10 years | Imprisonment up to one-fourth of the maximum term for the offence, or fine, or both | Bailable | Cognizable | Magistrate of the First Class |
Comparison table — BNS 250 vs IPC 213
| Point of Comparison | BNS Section 250 | IPC Section 213 |
|---|---|---|
| Short scope | Accepting or agreeing to accept any gratification to screen an offender from punishment or to avoid proceeding against them. | Original IPC offence covering acceptance of gratification to screen an offender; substance retained in BNS 250. |
| Acts covered | Receiving money, gifts, services or other benefits to hide crimes, suppress evidence, not file charges, or prevent prosecution. | Same — includes cash and non-cash benefits given in exchange for screening an offender. |
| Who can be liable | Public officials, police, witnesses, private persons, or any intermediary who accepts gratification to obstruct justice. | Same — liability extends to anyone taking gratification to screen an offender. |
| Types of gratification | Money, gifts, services, travel, property, favors — monetary and non-monetary benefits both covered. | Same — non-monetary benefits are included within the concept of gratification. |
| Punishment — (a) shield death-penalty offence | Imprisonment up to 7 years and fine. | Same maximum under IPC 213 for shielding death-penalty offences. |
| Punishment — (b) shield life-imprisonment / ≤10 yrs offence | Imprisonment up to 3 years and fine. | Same — mirror provision in IPC 213. |
| Punishment — (c) shield <10 yrs offence | Imprisonment up to one-fourth of the maximum term for that offence, or fine, or both. | Same proportional punishment in IPC. |
| Cognizability & bailability | Cognizable — police can arrest without warrant; Bailable — accused may apply for bail. | Same classification under IPC 213. |
| Compoundability & trial | Non-compoundable; triable by Magistrate of the First Class. | Same — offence is not compoundable and tried in lower criminal courts. |
| Practical note | Protects investigations and prosecutions from corrupt interference; applies equally to private persons and officials. | IPC 213 carried the same protection; BNS restates and modernises the language. |
BNS Section 250 FAQs
What is BNS Section 250?
BNS Section 250 makes it an offence for any person to accept or attempt to accept any form of gratification (money, gifts, or property) in exchange for concealing an offence or helping an offender avoid legal punishment. This can include actions like hiding evidence, failing to report a crime, or preventing legal action from being taken against the criminal.
What are the punishments under BNS Section 250?
The punishments for violating BNS Section 250 depend on the severity of the offence being concealed:
For offences punishable with imprisonment of less than 10 years, the punishment can be imprisonment up to one-fourth of the longest term for that offence, or a fine, or both.
For offences punishable with death, the person can be imprisoned for up to 7 years and may also face a fine.
For offences punishable with life imprisonment or up to 10 years, the penalty is up to 3 years of imprisonment and a fine.
Is BNS Section 250 a bailable offence?
Yes, BNS Section 250 is a bailable offence. This means that a person charged under this section can apply for bail and may be released from custody until their trial.
Is BNS Section 250 a cognizable offence?
Yes, BNS Section 250 is a cognizable offence. This means that the police have the authority to arrest the accused without a warrant if they believe the offence has occurred.
Can private individuals be prosecuted under BNS Section 250?
Yes, private individuals can be prosecuted under BNS Section 250 if they accept gratification to conceal an offence or shield an offender from legal punishment. This section applies to both public officials and private individuals who engage in such conduct.
Conclusion
BNS Section 250 protects the criminal justice system from being undermined by bribery and private bargains. By criminalising acceptance of any gratification to screen offenders — whether by officials, witnesses, or private individuals — the law deters corruption that lets criminals escape accountability. The tiered penalties ensure proportionate punishment tied to the seriousness of the concealed offence, while the cognizable and non-compoundable nature of the offence ensures robust state action. In short: shielding offenders for reward is a crime — punishable, prosecutable and bailable only under judicial oversight.
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