Indian Penal Code, 1860
Section 213
repealedTaking gift, etc., 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;
Why this exists
Section 213 was enacted as part of the original Indian Penal Code of 1860, drafted under the guidance of Lord Macaulay's Law Commission. It targets corruption within the justice process itself — the danger that private citizens or officials might trade the enforcement of law for personal gain. By criminalising the act of accepting a bribe to shield an offender, the law protects the integrity of criminal justice and ensures that whether someone is punished depends on evidence and law, not on payments made to those who could report or prosecute them.
How courts read it
Indian courts have generally read Section 213 alongside Section 214 (which punishes the person who *offers* such gratification) and Section 216 (harbouring offenders), treating them as a set of provisions safeguarding the administration of justice. Courts have clarified that the offence is complete once gratification is accepted, attempted, or agreed to — actual concealment or non-prosecution need not follow. The provision applies to private individuals as much as officials, though when a public servant commits this act, other anti-corruption statutes may also apply. No single landmark judgment is widely cited for reshaping this specific section; it is mostly interpreted through its plain text in trial-level and appellate rulings.
Common misconceptions
- Myth: You're only guilty if you actually help the criminal escape punishment.
Fact: The offence is complete the moment you accept, try to get, or agree to accept the bribe — you don't need to actually succeed in shielding the offender. - Myth: This law only applies to police or government officials.
Fact: Section 213 applies to any person, private or official, who accepts gratification to conceal a crime or protect an offender.