Section 252 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed summary of Section 252 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which falls under Chapter XIV – False Evidence and Offences Against Public Justice:
🛡️ Section 252 – “Taking Gift to Help Recover Stolen Property, etc.”
Offence:
When a person takes, agrees, or consents to receive any gratification—such as a gift or payment—under pretence or on account of helping someone recover movable property they lost due to an offence punishable under this Sanhita, but then fails to use all available means to apprehend and convict the offender, they commit an offence under this section. (myjudix.com)
Punishment:
Such a person shall be punished with:
Imprisonment, which may be simple or rigorous, for up to 2 years,
Or a fine,
Or both, depending on the case. (myjudix.com)
🔍 Key Elements Breakdown
Gratification: Any reward—monetary or other—given in return for services to recover stolen movable property.
Intent Requirement: The recipient must promise assistance and accept the gift, yet intentionally neglects to exert full effort to help recover the property and ensure the offender's conviction.
Legislative Goal: To prevent corruption or negligence in handling stolen property cases, especially where private individuals are incentivized improperly.
📘 Example Scenario
A private investigator receives a ₹50,000 payment to recover stolen goods from a burglary. However, instead of actively pursuing leads or coordinating with law enforcement, they simply pocket the money without attempting anything. In such a case, they would be liable under Section 252 for having taken the gratification but failing to use all means to recover the property and ensure prosecution.
📋 Summary Table
| Element | Details |
|---|---|
| Who it targets | Persons accepting gratification for (helping to) recover stolen movable property |
| Key conduct | Taking gift/payment, but failing to diligently help recover property and secure conviction |
| Punishment | Up to 2 years’ imprisonment (simple or rigorous), or fine, or both |
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