Section 250 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
It appears that Section 250 you mentioned belongs to the Bharatiya Nyaya Sanhita (BNS), 2023, rather than the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which is India's new Evidence Act and only goes up to around Section 63 in the Sachya Adhiniyam). Here's a breakdown of Section 250 from the BNS:
⚖️ Section 250 – Taking Gift, etc., to Screen an Offender from Punishment
Text of the Offence
“Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or another person—or any restitution of property—in consideration of concealing an offence, shielding an offender from legal punishment, or not proceeding against a person to bring them to justice…”
Penalties:
If the original offence is punishable with death or life imprisonment, the offender under this section may face up to 7 years of imprisonment and a fine.
If the offence carries lesser punishment, the penalty under Section 250 is correspondingly reduced (e.g., for offences with shorter jail terms) (apnilaw.com).
🔍 Key Elements
Types of Gratification:
Money, gifts, any form of restitution (e.g., property return).
Purpose:
To conceal an offence, protect an accused, or impede prosecution.
Culpability:
The act of receiving or agreeing to receive is sufficient—intent and acceptance matter, not just successful delivery.
🧩 Practical Illustration
A local might be offered ₹10 lakh by an accused in a murder case (eligible for the death sentence). If the person accepts it or agrees to accept it in return for silence or concealment, they are guilty of Section 250, punishable by up to seven years’ imprisonment and a fine .
✅ Summary Table
| Element | Description |
|---|---|
| Offence | Accepting or agreeing to accept gratification to conceal/protect offence |
| Trigger | Offences punishable by death or life imprisonment → up to 7 years + fine |
| Lesser offences | Proportionately lesser penalties |
| Intent required | Yes—accepting or agreeing with a quid pro quo |
| Intentional shielding | Core to offence |
RELATED Blog
0 comments