Introduction of BNS Section 252
BNS Section 252 of the Bharatiya Nyaya Sanhita, 2023, focuses on preventing corruption and misuse in the recovery of stolen property. It penalizes individuals who accept money, gifts, or any form of gratification on the promise of helping someone recover stolen goods but fail to make genuine efforts to ensure the offender’s arrest. The law ensures that justice is not reduced to private settlements and that criminals are not shielded for personal profit.
The Bharatiya Nyaya Sanhita (BNS) Section 252 replaces the old Indian Penal Code (IPC) Section 215.
- Introduction of BNS Section 252
- What is BNS Section 252 ?
- BNS 252 in Simple Points
- Section 252 BNS Overview
- BNS 252 Punishment
- BNS 252 bailable or not ?
- Bharatiya Nyaya Sanhita Section 252
- BNS Section 252 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 252 ?
BNS Section 252 addresses the offence where a person accepts or agrees to take any gift or gratification under the pretense of helping someone recover stolen property. However, to avoid punishment under this section, the person must make every effort to cause the apprehension of the criminal or offender. If the person fails to assist in bringing the offender to justice, they will be liable to punishment under this provision. This section ensures that the recovery of stolen property is genuine and that justice is upheld.
Under Section 252 of the bns act 2023
“Whoever accepts or agrees to accept any gratification or reward for helping a person recover stolen movable property, but does not use every means in their power to cause the apprehension of the offender, shall be punished with imprisonment up to two years, or fine, or both.”
1. Meaning of “Taking Gift to Recover Stolen Property”
- This section targets those who accept money, gifts, or rewards from victims claiming they will help recover stolen property.
- But if they fail to take genuine steps to catch the offender, it becomes an offence.
- The law ensures that recovery is not a tool for profit but linked to actual justice.
2. Who is Covered?
This section applies to:
- People who take gifts, cash, or property in exchange for helping to recover stolen goods.
- Intermediaries or “middlemen” who pretend to assist victims but avoid involving the police.
- Anyone who benefits from stolen property recovery but ignores their duty to help catch the thief.
3. Nature of the Offence
- Cognizable → Police can arrest without warrant.
- Bailable → Accused can seek bail.
- Non-Compoundable → Cannot be privately settled; court trial must proceed.
- Triable by Magistrate of the First Class → Lower criminal courts handle such cases.
4. Examples of BNS Section 252
- Example 1 – False Recovery Deal
A victim of theft offers ₹50,000 to a person claiming he can “get back” the stolen goods. The person takes the money but never helps the police or ensures the thief is caught. → Guilty under Section 252. - Example 2 – Gift to Neighbor
A neighbor accepts a motorcycle as a gift in return for helping recover another stolen vehicle but does not try to find or report the thief. → Offence under Section 252. - Example 3 – No Liability Case
A private investigator takes money, genuinely helps recover the stolen property, and actively cooperates with police to arrest the offender. → No offence, since efforts were made to apprehend the criminal.
5. Punishment under BNS Section 252
- Imprisonment → Up to 2 years.
- Fine → May be imposed.
- Both → In serious cases, imprisonment and fine together.
6. Importance of BNS Section 252
- Prevents profiteering from stolen property recovery.
- Ensures that offenders are brought to justice and not just property quietly returned.
- Discourages people from acting as middlemen shielding criminals.
- Strengthens public confidence in law enforcement and judicial processes.
Section 252 BNS Overview
BNS Section 252 deals with the act of taking a gift or gratification from someone under the pretense of helping them recover stolen movable property. The section aims to punish those who, instead of genuinely assisting in the recovery of stolen property, accept a gift or bribe without making efforts to apprehend the actual criminal or bring them to justice.
Key Points of BNS Section 252 Explained in Detail:
- Definition of the Offence:
- Under BNS Section 252, it is an offence if a person accepts or agrees to accept any gift or gratification for helping someone recover stolen movable property. However, if the person does not make efforts to apprehend the offender, they are still liable for punishment under this section.
- Gratification or Gift for Recovery:
- This section refers to a situation where someone takes a gift in exchange for recovering stolen goods, even though they do not help to catch the thief. The key idea is that the recovery must be genuine, and there must be an effort to bring the criminal to justice, not just taking the reward.
- Punishment for the Offence:
- The punishment for this offence can be imprisonment for up to two years, or a fine, or both. This ensures that there are legal consequences for those who attempt to profit from stolen property without attempting to stop the crime or assist law enforcement.
- Imprisonment and Fine:
- The offender can face imprisonment for a term that may extend up to two years or be penalized with a fine, or both. The severity of the punishment depends on the circumstances of the case, with imprisonment being the most serious penalty.
- Cognizable Offence:
- This offence is classified as cognizable, meaning that the police have the authority to arrest the accused without a warrant. It is a serious matter as it involves obstruction of justice by taking advantage of stolen property.
- Bailable Offence:
- Section 252 is a bailable offence. This means that the person charged under this section can apply for bail after their arrest, subject to the court’s decision. It indicates that while the offence is serious, the accused can seek temporary release before trial.
- Non-Compoundable Offence:
- The offence under Section 252 is non-compoundable, meaning it cannot be settled through an out-of-court agreement or mutual consent between the accused and the victim. The offence requires formal legal proceedings to resolve.
- Magistrate of the First Class:
- The trial for this offence is conducted by a Magistrate of the first class. This ensures that an appropriate judicial officer, with the necessary legal authority, handles such cases.
- Intent to Apprehend the Offender:
- For the offence to be truly committed under Section 252, the person who accepts the gift must not use any means to bring the criminal to justice. If the individual does everything in their power to apprehend the offender, they might not face any punishment under this section.
- Scope of the Offence:
- The section applies specifically to movable property (items like goods or possessions) that are stolen. The law is designed to target those who help recover stolen goods but do not contribute to solving the actual crime, focusing on the ethical responsibility to report crimes and prevent further harm.
Examples of BNS Section 252
Example 1:
- A person is offered a bribe of ₹50,000 to help a businessman recover stolen electronics from a warehouse. The individual takes the money but does not report the crime to the police or try to catch the thief. This person would be charged under Section 252 for accepting the gratification without attempting to apprehend the offender.
Example 2:
- A neighbor is offered a gift to help retrieve a stolen motorcycle. The person takes the gift but does not assist in finding the thief or returning the motorcycle to its rightful owner. In this case, the individual could face punishment under Section 252 for taking the gift in exchange for recovery without fulfilling their duty to help apprehend the criminal.
BNS 252 Punishment
The person found guilty under BNS Section 2252 can be punished with:
- Imprisonment for up to 2 years
- Fine
- Or both imprisonment and fine, depending on the severity of the case.
BNS 252 bailable or not ?
Yes, BNS Section 252 is a bailable offence. This means that if a person is arrested under this section, they have the right to apply for bail, and the court will decide whether to grant bail based on the circumstances of the case.
Comparison Table : BNS Section 252 vs IPC Section 215
| Key Point | BNS Section 252 | IPC Section 215 |
|---|---|---|
| Nature of Offence | Taking gratification to help recover stolen property without ensuring offender’s apprehension. | Similar provision for accepting rewards in return for aiding recovery of stolen property without apprehending the criminal. |
| Punishment | Imprisonment up to 2 years, or fine, or both. | Imprisonment up to 2 years, or fine, or both. |
| Cognizability | Cognizable – Police can arrest without warrant. | Cognizable. |
| Bailability | Bailable – Accused can seek bail. | Bailable. |
| Trial Court | Magistrate of the first class. | Magistrate of the first class. |
BNS Section 252 FAQs
What does BNS Section 252 punish?
Section 252 punishes individuals who accept gifts or rewards for helping recover stolen property without making any effort to apprehend the offender.
Is BNS Section 252 bailable?
Yes, it is a bailable offence. The accused can apply for bail after being arrested.
What is the punishment under BNS Section 252?
The punishment for violating Section 252 can include imprisonment for up to 2 years, a fine, or both.
Is BNS Section 252 a cognizable offence?
Yes, it is a cognizable offence, meaning the police can arrest the accused without a warrant.
Who will handle the trial for BNS Section 252 offences?
The trial will be conducted by a Magistrate of the first class.
What kind of property is involved in Section 252?
This section specifically applies to movable property, such as stolen goods or items.
Conclusion
BNS Section 252 plays a vital role in safeguarding justice by penalizing those who misuse the process of recovering stolen property. By ensuring that individuals who take gratification must also work to apprehend offenders, the law prevents corruption, false recoveries, and the shielding of criminals. It strengthens the accountability of intermediaries and ensures that justice is served not just by returning stolen goods, but by prosecuting the real culprits.
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