Bharatiya Nyaya Sanhita, 2023
Section 250
Taking gift, etc., to screen an offender from punishment
, to screen an offender from punishment.—Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Why this exists
This provision, earlier Section 213 of the Indian Penal Code, 1860, targets the practice of taking bribes to 'settle' or suppress criminal matters privately, which undermines the state's exclusive authority to prosecute crimes and can let serious offenders buy their way out of consequences.
Common misconceptions
- Myth: Accepting a private settlement instead of going to the police is always a safe, personal choice with no legal risk.
Fact: Accepting gratification specifically to conceal an offence or shield an offender from legal punishment is itself a separate criminal offence under this section.