Introduction of BNS Section 252
BNS Section 252 aims to prevent the misuse of the process of recovering stolen property. It punishes those who accept rewards, gifts, or gratification from a person claiming to help them recover stolen movable property, but who fail to take any action to ensure that the offender is apprehended. The section serves as a deterrent for anyone who seeks to profit from stolen goods or obstruct justice by helping criminals avoid apprehension.
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.
BNS 252 in Simple Points
- Taking Gratification for Recovering Stolen Property:
- Under this section, a person who accepts or agrees to accept any gift, money, or gratification for helping recover stolen movable property is committing an offence. However, the crucial point is that the person must use all available means to ensure the offender is apprehended and convicted. If they do not, they are liable to punishment.
- Failure to Apprehend the Offender:
- If the person who receives the gratification does not use every means at their disposal to bring the criminal to justice, they are committing the offence under this section. For example, if a person accepts money for recovering stolen property but does not report the crime to authorities or help catch the thief, they are guilty under BNS Section 252.
- Punishment for the Offence:
- The punishment for this offence can include imprisonment for up to two years, a fine, or both. The court will decide the exact punishment based on the facts and circumstances of the case. This ensures that there are consequences for those who act irresponsibly when it comes to dealing with stolen property.
- Cognizable and Bailable Offence:
- BNS Section 252 is a cognizable offence, meaning that the police can arrest the accused without a warrant if there is sufficient evidence of the crime. Additionally, this offence is bailable, which means that the person accused under this section has the right to apply for bail after arrest.
- Trial by Magistrate:
- Offences under BNS Section 252 are triable by a Magistrate of the first class, which means that cases related to this section will be handled by a lower court with the authority to hear such offences. The goal is to ensure a quick legal resolution of these types of cases.
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.
Bharatiya Nyaya Sanhita Section 252
BNS Section | Offence | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial by |
---|---|---|---|---|---|
252 | Taking gratification for helping to recover stolen property, without causing the offender’s apprehension. | Imprisonment for up to 2 years, fine, or both. | Bailable | Cognizable | 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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.
Right to Information RTI act :Your Comprehensive Guide (Part 1)
Explore the essence of the Right to Information (RTI) Act through this symbolic image. The image features legal documents, emphasizing the importance of transparency and accountability in governance. The scales of justice represent the balance achieved through the citizens’ right…
What is Article 371 of Indian Constitution ?
Article 371 of the Indian Constitution grants special provisions to specific states and regions within India, addressing their unique historical, social, and cultural circumstances. These provisions aim to accommodate diverse needs and protect cultural identities within the constitutional framework.
Indian Labour law : Your Comprehensive Guide (Part 1)
The purpose of labour laws is to safeguard employees and guarantee equitable treatment at the workplace, encompassing aspects such as remuneration, security, and perks. These regulations establish a secure ambiance by imposing minimum wage requirements, ensuring factory safety measures are…
GST :Your Comprehensive Guide (Part 1 – Understanding the Basics)
The Goods and Services Tax (GST) is like a big change in how we pay taxes in India. It started on July 1, 2017, and it’s here to simplify things. Before GST, we had many different taxes, and it could…