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Introduction of BNS Section 251

BNS Section 251 aims to address the issue of bribery or compensation given in return for concealing criminal acts or protecting offenders from legal consequences. It specifically targets individuals who offer gratifications, gifts, or restore property to influence others to shield crimes or prevent legal action. The section ensures that individuals involved in such corrupt activities are penalized and held accountable.


The Bharatiya Nyaya Sanhita (BNS) Section 251 replaces the old Indian Penal Code (IPC) Section 214.



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

  1. Definition of the Offence:
    • Section 251 punishes those who offer gifts or other compensation in exchange for the concealment of an offence or shielding an offender from legal punishment. It focuses on individuals who engage in corrupt practices to obstruct justice.
  2. Punishment for Severe Offences:
    • If the concealed offence is punishable by death, the person offering the bribe faces severe penalties, including up to 7 years of imprisonment and a fine. This reflects the gravity of obstructing justice in cases involving capital punishment.
  3. Punishment for Life Imprisonment or Long-Term Offences:
    • If the offence concealed is punishable by life imprisonment or up to 10 years of imprisonment, the person offering the bribe faces up to 3 years in jail and a fine. The law ensures that those obstructing justice in serious crimes still face significant consequences.
  4. Punishment for Lesser Offences:
    • For offences punishable by imprisonment for less than 10 years, the person offering the gift faces a lesser sentence of up to one-fourth of the maximum term of imprisonment for the offence, or a fine, or both. This ensures proportional punishment based on the severity of the offence being concealed.
  5. Non-Compounding Clause:
    • The provisions under Section 251 do not apply to offences that may lawfully be compounded. This means that if the offence can be settled between the parties (e.g., through mutual agreement), Section 251 does not apply.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. (a) If the offence concealed is punishable with death:
    • Punishment: Imprisonment for a term of up to 7 years and a fine.
  2. (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.
  3. (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 SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
251(a)Offering a gift or restoring property to conceal an offence punishable by death.Imprisonment for up to 7 years and fine.BailableNon-CognizableMagistrate 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.BailableNon-CognizableMagistrate 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.BailableNon-CognizableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 251

BNS Section 251 FAQs

What is BNS Section 251?

What types of offences does BNS Section 251 cover?

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?

Can the offence under BNS Section 251 be compounded?

Who can try offences under BNS Section 251?


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