Introduction of BNS Section 251
Bharatiya Nyaya Sanhita (BNS) Section 251 criminalises the act of offering money, gifts, property or any other benefit to another person in order to conceal an offence or protect an offender from legal punishment. Whether the reward is cash, a service, or returning stolen property, this provision targets those who attempt to buy protection for criminals or obstruct the course of justice. Penalties scale with the seriousness of the concealed crime — from proportional punishments for minor offences up to seven years’ imprisonment where capital offences are involved — sending a clear message: you cannot buy immunity from the law.
The Bharatiya Nyaya Sanhita (BNS) Section 251 replaces the old Indian Penal Code (IPC) Section 214.
- Introduction of BNS Section 251
- What is BNS Section 251 ?
- BNS 251 in Simple Points
- Section 251 BNS Overview
- BNS 251 Punishment
- BNS 251 bailable or not ?
- Bharatiya Nyaya Sanhita Section 251
- BNS Section 251 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 251 ?
BNS Section 251 focuses on penalizing individuals who offer gifts or restore property to another person in exchange for that person concealing an offence or screening someone from legal punishment. This section is part of the legal framework to prevent individuals from obstructing justice through bribes or other forms of illegal compensation in return for shielding offenders from prosecution.
BNS 251 in Simple Points
Under Section 251 of the bns act 2023
Whoever offers, gives, or restores any gift, gratification, or property to another person in exchange for concealing an offence, protecting an offender from punishment, or preventing legal proceedings against an offender, shall be punished:
- Up to 7 years + fine if the concealed offence is punishable with death.
- Up to 3 years + fine if the concealed offence is punishable with life imprisonment or up to 10 years.
- Up to ¼ of maximum term, or fine, or both if the concealed offence is punishable with less than 10 years.
(Exception: This section does not apply where the law permits compounding of the offence.)
1. Meaning of Offering Gratification to Screen an Offender
- It means offering money, gifts, benefits, or property to another person so they:
- Hide the fact that a crime happened,
- Protect the criminal from being punished, or
- Do not take legal action against the offender.
- The focus here is on the giver of the bribe/benefit, not the receiver.
2. Who is Covered?
This section applies to any person who:
- Gives or offers money, gifts, or property to hide a crime.
- Compensates someone for not reporting or prosecuting an offender.
- Restores stolen property to stop legal punishment.
3. Nature of the Offence
- Bailable → The accused can apply for bail.
- Non-Cognizable → Police cannot arrest or investigate without court permission.
- Non-Compoundable → Cannot be settled privately between parties.
- Triable by Magistrate of the First Class → Lower criminal court has jurisdiction.
4. Examples of BNS Section 251
- Example 1 – Bribe to Police Officer
A businessman offers ₹1 lakh to a police officer to hide his brother’s involvement in a fraud case. This act is punishable under Section 251. - Example 2 – Compensation to Avoid Testimony
A factory owner gives property to a witness so they do not testify in court about a serious accident caused by negligence. Punishable under Section 251. - Example 3 – Minor Offence Case
A shopkeeper offers money to avoid legal action for a petty offence (punishable up to 1 year). He may face reduced punishment—¼ of the maximum sentence for that crime.
5. Punishment under BNS Section 251
- For offences punishable with death → Imprisonment up to 7 years + fine.
- For offences punishable with life imprisonment or 10 years → Imprisonment up to 3 years + fine.
- For offences punishable with less than 10 years → Imprisonment up to ¼ of the maximum term, or fine, or both.
6. Importance of BNS Section 251
- Prevents bribery and corruption in criminal cases.
- Protects the integrity of the justice system by punishing those who try to buy silence.
- Ensures offenders face proper legal action without interference.
- Sends a strong message that justice cannot be obstructed through money or gifts.
Section 251 BNS Overview
BNS Section 251 addresses the act of offering gifts or restoring property to another person in exchange for concealing an offence or shielding someone from legal punishment. It makes this act a punishable offence and lays out the consequences for both the person offering the bribe or gift and the recipient who assists in obstructing justice. This section is designed to prevent corruption and the shielding of criminals by bribery or other illegal means.
Key Points of BNS Section 251 Explained in Detail:
- Definition of the Offence:
- BNS Section 251 punishes individuals who offer, give, or cause to be given any gift or property in exchange for the concealment of an offence or shielding of an offender. This includes both direct and indirect methods of obstructing justice through gratification, gifts, or compensation.
- Punishment for Severe Offences (Death Punishable):
- If the offence being concealed is punishable by death, the person offering the gift or compensation faces imprisonment for up to 7 years and a fine. This reflects the gravity of obstructing justice in capital punishment cases, which are the most serious crimes in the legal system.
- Punishment for Offences Punishable by Life Imprisonment or up to 10 Years:
- If the concealed offence is punishable with life imprisonment or a term extending up to 10 years, the offender offering the gratification faces up to 3 years of imprisonment and a fine. This reflects a slightly lesser punishment but still indicates the seriousness of obstructing justice in serious crimes.
- Punishment for Lesser Offences (Punishable with Less Than 10 Years):
- If the offence concealed is punishable by imprisonment for less than 10 years, the person offering the gift faces imprisonment for up to one-fourth of the maximum term prescribed for the offence, or a fine, or both. This ensures a proportionate punishment based on the severity of the concealed offence.
- Prohibition of Compounding:
- The provisions of Section 251 do not apply to any case where the offence can be compounded. Compounding means that the parties involved can reach a private settlement without legal punishment. This clause ensures that if the offence is one that can legally be settled, this section does not apply.
- Gratification, Gifts, and Property:
- The term gratification is a broad one and includes any form of reward, gift, or compensation, including property or other valuable things. Offering such items as a means to hide an offence or to prevent legal proceedings falls under this section.
- Legal Objective – Obstructing Justice:
- The main goal of Section 251 is to prevent obstruction of justice. If a person offers any form of reward to another in exchange for hiding an offence, the legal system deems this an act that undermines the rule of law, and thus penalizes it.
- Punishments Include Fines:
- Alongside imprisonment, the section also provides for fines as a penalty. The fine amount is left to the discretion of the court but is intended to act as an additional deterrent against the act of concealing crimes for personal gain.
- Nature of the Offence:
- Section 251 is classified as a cognizable offence, meaning that the police can arrest the accused without a warrant. It is also a bailable offence, meaning the accused can seek bail after being arrested.
- Trial by Magistrate:
- The trial for an offence under Section 251 is conducted by a Magistrate of the first class. This ensures that such offences are handled by a judicial officer who can effectively deal with matters related to obstructing justice.
Examples of BNS Section 251
Example 1:
- A businessman offers a bribe to a police officer in exchange for concealing the fact that he was involved in a hit-and-run accident. The officer agrees to conceal the crime in return for a large sum of money. Under BNS Section 251, the businessman and the officer would both face punishment for offering and accepting the bribe to screen the offender from legal punishment.
Example 2:
- A factory owner whose workers are involved in a dangerous accident offers a significant sum of money to a journalist, asking them to suppress the news and prevent the authorities from investigating the incident. This act of offering money in exchange for obstructing legal proceedings would be punishable under BNS Section 251.
BNS 251 Punishment
- (a) If the offence concealed is punishable with death:
- Punishment: Imprisonment for a term of up to 7 years and a fine.
- (b) If the offence concealed is punishable with life imprisonment or imprisonment extending up to 10 years:
- Punishment: Imprisonment for up to 3 years and a fine.
- (c) If the offence concealed is punishable with imprisonment of less than 10 years:
- Punishment: Imprisonment for a term up to one-fourth of the longest term of imprisonment prescribed for the offence, or a fine, or both.
BNS 251 bailable or not ?
Yes, BNS Section 251 is bailable. The section applies to individuals offering bribes or other forms of gratification to obstruct justice, and it provides for bail under the conditions set by the magistrate. However, it remains a non-compoundable offence, meaning that the offence cannot be settled privately between the parties involved.
Bharatiya Nyaya Sanhita Section 251
| BNS Section | Offence | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| 251(a) | Offering a gift or restoring property to conceal an offence punishable by death. | Imprisonment for up to 7 years and fine. | Bailable | Non-Cognizable | Magistrate of the first class |
| 251(b) | Offering a gift or restoring property to conceal an offence punishable with life or up to 10 years imprisonment. | Imprisonment for up to 3 years and fine. | Bailable | Non-Cognizable | Magistrate of the first class |
| 251(c) | Offering a gift or restoring property to conceal an offence punishable with less than 10 years imprisonment. | Imprisonment for up to one-fourth of the longest term or fine, or both. | Bailable | Non-Cognizable | Magistrate of the first class |
Comparison table — BNS 251 vs IPC 214
| Point of Comparison | BNS Section 251 | IPC Section 214 |
|---|---|---|
| Short scope | Offering money, gifts, restoring property or any gratification to another to conceal an offence or to shield an offender from punishment. | Original IPC provision criminalising offering gratification to screen offenders; BNS 251 preserves the same substance in the updated code. |
| Acts covered | Offering money, gifts, services, returning property or any benefit to induce concealment, suppression of evidence, or non-prosecution. | Same — includes all forms of gratification aimed at concealing crimes or protecting offenders. |
| Who can be liable | Anyone who offers such gratification — private individuals, intermediaries, relatives, or third parties acting for the offender. | Same — liability is not limited to public servants; anyone offering gratification to conceal a crime may be prosecuted. |
| Punishment — (a) concealed offence punishable with death | Imprisonment up to 7 years and fine. | Same maximum penalty under IPC 214. |
| Punishment — (b) concealed offence punishable with life or ≤10 yrs | Imprisonment up to 3 years and fine. | Same as IPC 214. |
| Punishment — (c) concealed offence < 10 yrs | Imprisonment up to one-fourth of the maximum term for the original offence, or fine, or both. | Same proportional punishment in IPC 214. |
| Cognizability & bailability | Generally non-cognizable under BNS (depends on classification); treated as bailable in line with the code’s structure. (Check local procedural rules.) | IPC treated similar offences as non-cognizable/bailable in many circumstances; BNS wording may vary procedurally. |
| Compoundability & trial | Non-compoundable; triable by Magistrate of the First Class (ensures state prosecutes). | Same — IPC 214 had similar non-compoundable nature and trial forum. |
| Practical note | Protects investigations and proceedings from corrupt interference; covers both direct and indirect offers to conceal crimes. | Substantive protection retained from IPC 214; BNS restates with updated code language. |
BNS Section 251 FAQs
What is BNS Section 251?
BNS Section 251 deals with the punishment for individuals offering gifts or compensation to conceal an offence or screen someone from legal punishment.
What types of offences does BNS Section 251 cover?
It covers a range of offences, depending on the severity, including capital punishment cases and offences punishable by life imprisonment or up to 10 years of imprisonment.
What is the punishment for offering gifts in consideration of screening an offender from punishment?
The punishment can range from imprisonment for up to 7 years and a fine, depending on the severity of the offence being concealed.
Is BNS Section 251 bailable?
Yes, BNS Section 251 is bailable, which means the accused can seek bail after being arrested under this section.
Can the offence under BNS Section 251 be compounded?
No, this offence is non-compoundable, meaning it cannot be settled privately between the parties involved.
Who can try offences under BNS Section 251?
Offences under BNS Section 2251 are triable by a Magistrate of the first class.
Conclusion
BNS Section 251 is a key anti-corruption and anti-obstruction provision that prevents people from buying protection for offenders or suppressing criminal investigations through bribery or restitution. By criminalising the offering of gratification to hide crimes — and linking punishment to the seriousness of the underlying offence — the law deters corrupt bargains that subvert justice. The provision applies broadly (to private persons and intermediaries), is bailable, and is triable by a magistrate, ensuring both accountability and due process. If you suspect such conduct, prompt legal advice and reporting to authorities are essential to preserve the integrity of investigations.
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