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KembaraXtra - Bharatiya Nyaya Sanhita - Section 248: False Charge of Offence Made with Intent to Injure
Introduction
Section 248 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who deliberately sets the criminal process in motion against another person through a false proceeding or false accusation, while:
- Intending to cause injury to that person; and
- Knowing that there is no just or lawful ground for the proceeding or charge.
The section therefore protects individuals from the misuse of criminal law as a weapon of harassment, retaliation, intimidation, or injury.
According to the supplied comments, the provision is closely related in concept to malicious prosecution, although liability under Section 248 must be tested according to its own statutory ingredients.
Basic Formula
INTENT TO INJURE + CRIMINAL PROCEEDING / FALSE CHARGE + KNOWLEDGE OF NO JUST OR LAWFUL GROUND = SECTION 248
Q1. What does Section 248 provide?
Answer:
Section 248 applies where a person, with intent to cause injury to another:
1. Institutes a criminal proceeding against that person; or
2. Causes a criminal proceeding to be instituted against that person; or
3. Falsely charges that person with having committed an offence;
while knowing that there is:
No just or lawful ground
for the proceeding or charge.
Q2. What is the object of Section 248?
Answer:
The object is to prevent abuse of the criminal justice system through knowingly false accusations or proceedings.
It protects persons against:
- Fabricated criminal complaints;
- False criminal accusations;
- Groundless prosecutions;
- Deliberate misuse of police or court processes;
- Criminal proceedings launched to cause injury.
Core Principle
Criminal law cannot be deliberately misused to injure an innocent person through a knowingly groundless charge.
Q3. Which IPC provision corresponds to Section 248 BNS?
Answer:
According to the supplied comments:
Section 248 BNS = Section 211 IPC
Q4. Has Section 248 changed under BNS?
Answer:
Yes.
According to the supplied comments, although the basic language remains substantially the same and the section has been rearranged into clauses, the punishments have been increased.
Clause (a)
The previous maximum imprisonment of 2 years has been increased to:
5 years
The maximum fine has been fixed at:
₹2,00,000
Clause (b)
The previous reference to 7 years has been replaced by:
10 years
and the maximum punishment under the clause has been increased from:
7 years to 10 years
Q5. Who can commit the offence under Section 248?
Answer:
The section begins with:
“Whoever”
Therefore, it is a general offence and may be committed by any person who satisfies the statutory ingredients.
Q6. Can a public servant commit Section 248?
Answer:
Yes.
According to the supplied comments, the section can also apply to a police officer who brings a false criminal charge against a person with the intention of causing injury, provided the statutory requirements are proved.
Q7. What are the essential ingredients of Section 248?
Answer:
The essential ingredients are:
1. The accused intends to cause injury to another person;
2. The accused:
o Institutes a criminal proceeding;
o Causes a criminal proceeding to be instituted; or
o Falsely charges that person with an offence;
3. The proceeding or charge is against the person intended to be injured;
4. The accused knows that there is no just or lawful ground for:
o The proceeding; or
o The charge;
5. For enhanced punishment under clause (b), the false charge must concern an offence punishable with:
o Death;
o Life imprisonment; or
o Imprisonment for ten years or upwards.
Formula
FALSE CRIMINAL PROCESS + INTENT TO INJURE + KNOWINGLY GROUNDLESS = 248
Q8. What are the two principal forms of prohibited conduct?
Answer:
Section 248 covers:
First Form
Instituting or causing the institution of a criminal proceeding.
Second Form
Falsely charging a person with having committed an offence.
Memory
PROCEEDING OR CHARGE
Q9. What does “institutes” mean in this context?
Answer:
It refers to setting the criminal process in motion against another person.
The supplied comments explain that criminal prosecution may be commenced through various procedural routes.
Q10. What does “causes to be instituted” add to the section?
Answer:
It prevents a person from escaping liability merely because he did not personally file or formally commence the proceeding.
If he causes another person or authority to initiate the false criminal process, the section may still apply.
Memory
DIRECTLY START OR CAUSE TO START
Q11. What does “falsely charges” mean?
Answer:
It refers to falsely accusing a person of having committed an offence.
The charge must be connected to criminal wrongdoing and must be made with the required intention and knowledge.
Q12. Is every incorrect accusation punishable under Section 248?
Answer:
No.
The section requires more than the accusation ultimately proving false.
The prosecution must establish:
- Intent to cause injury; and
- Knowledge that there was no just or lawful ground for the charge or proceeding.
Q13. Is mere failure of the prosecution enough to prove Section 248?
Answer:
No.
The fact that a prosecution fails or ends in acquittal does not by itself establish that the original charge was knowingly groundless.
The accused under Section 248 must have known that no just or lawful ground existed.
Q14. What is the first major mental element?
Answer:
The accused must act:
With intent to cause injury
to the person against whom the criminal process is directed.
Q15. Is intention to injure essential?
Answer:
Yes.
It is expressly stated in the opening words of the section.
Without the required intent to cause injury, the section is not satisfied merely because the allegation later turns out to be incorrect.
Q16. What is the second major mental element?
Answer:
The accused must know:
There is no just or lawful ground
for the proceeding or charge.
Q17. Why is knowledge of absence of lawful ground important?
Answer:
Because the section is aimed at deliberate misuse of criminal proceedings, not genuine complaints made on reasonable grounds that later fail.
Q18. Is negligence enough?
Answer:
No.
The wording requires actual knowledge that no just or lawful ground exists.
Mere carelessness or inadequate investigation is not equivalent to the statutory knowledge requirement.
Q19. Is a genuine but mistaken accusation necessarily punishable?
Answer:
No.
If the person genuinely believes on lawful or reasonable grounds that the accused committed the offence, the requirement that he knows there is no just or lawful ground may be absent.
Q20. What does “just or lawful ground” mean for study purposes?
Answer:
It refers to a legitimate legal or factual basis for commencing the criminal proceeding or making the charge.
Section 248 targets proceedings or charges that the accuser himself knows lack such foundation.
Q21. Must both lack of just ground and lack of lawful ground be separately proved?
Answer:
The statutory phrase is:
“no just or lawful ground”
For examination purposes, the important point is that the accused must know that there is no legitimate basis for the criminal proceeding or accusation.
Q22. Is Section 248 similar to malicious prosecution?
Answer:
According to the supplied comments, the provision is very akin to malicious prosecution.
However, for Section 248, the correct approach is to prove the statutory ingredients directly:
- Criminal proceeding or false charge;
- Intent to injure;
- Knowledge of absence of just or lawful ground.
Q23. Must actual injury occur?
Answer:
The section requires:
Intent to cause injury
It does not expressly state that the intended injury must actually materialise before liability can arise.
Q24. Must the false proceeding result in conviction of the victim?
Answer:
No.
Section 248 punishes the false institution or false charge itself when accompanied by the required intention and knowledge.
The falsely accused person need not actually be convicted.
Q25. Must the falsely accused person be arrested?
Answer:
No.
Arrest is not an express ingredient.
The offence centres on the false criminal proceeding or false charge.
Q26. Must the criminal proceeding reach trial?
Answer:
No.
The supplied comments indicate that the section can operate from the stage where the false accusation puts or seeks to put the criminal investigation process into motion.
Q27. What does the supplied commentary say about commencement of criminal prosecution?
Answer:
According to the supplied comments, criminal prosecution may be commenced through:
1. A complaint under Section 223 BNSS;
2. A false charge of a cognizable offence made to police;
3. A police report to Court;
4. Moving the Court through a petition under provisions of the BNSS.
Q28. Can a false complaint to police attract Section 248?
Answer:
According to the supplied comments, yes, where the false allegation concerns a cognizable offence and is made in a manner that sets or seeks to set the criminal process in motion, provided the other ingredients are proved.
Q29. Can a false police report to Court attract Section 248?
Answer:
According to the supplied comments, yes.
A false criminal process need not originate only from a private complaint.
Q30. Can proceedings initiated through a Court petition fall within Section 248?
Answer:
According to the supplied comments, yes, where the petition is used to initiate a knowingly groundless criminal proceeding with the required intent to injure.
Q31. What does the commentary mean when it says the false charge must relate to the original accusation?
Answer:
It means the false charge should be the accusation that:
Sets or seeks to set criminal investigation or prosecution in motion
The section is concerned with accusations that initiate or procure the criminal process against another person.
Q32. Must the false charge concern an offence under the BNS itself?
Answer:
No.
According to the supplied comments, the false charge may relate to an offence under:
- A local law; or
- A special law.
It need not necessarily be an offence created by the BNS.
Q33. Why is this important?
Answer:
Because Section 248 protects against knowingly false criminal accusations generally, rather than only false accusations under the BNS.
Q34. What punishment applies under clause (a)?
Answer:
In the ordinary case, the punishment is:
- Imprisonment of either description up to 5 years; or
- Fine up to ₹2,00,000; or
- Both.
Memory
ORDINARY FALSE CHARGE → 5 YEARS / ₹2 LAKH / BOTH
Q35. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q36. What is the maximum fine under clause (a)?
Answer:
₹2,00,000
This is an important BNS change highlighted in the supplied comments.
Q37. What punishment applied under the corresponding IPC provision according to the supplied comments?
Answer:
According to the supplied comments, clause (a)'s maximum imprisonment was previously:
2 years
Under BNS, it has been increased to:
5 years
Q38. When does clause (b) apply?
Answer:
Clause (b) applies where the false criminal proceeding is instituted on a false charge of an offence punishable with:
- Death;
- Imprisonment for life; or
- Imprisonment for ten years or upwards.
Q39. What is the punishment under clause (b)?
Answer:
The offender may be punished with:
- Imprisonment of either description up to 10 years; and
- Shall also be liable to fine.
Memory
SERIOUS FALSE CHARGE → 10 YEARS + FINE
Q40. What is the important BNS change under clause (b)?
Answer:
According to the supplied comments:
- The earlier reference to 7 years has been substituted with 10 years;
- The maximum imprisonment has therefore increased from 7 years to 10 years.
Q41. Why does clause (b) impose greater punishment?
Answer:
Because falsely accusing a person of an extremely serious offence exposes that person to far more severe legal consequences.
The section therefore imposes enhanced punishment where the false accusation concerns an offence punishable with:
- Death;
- Life imprisonment; or
- Ten years or more.
Q42. Is fine optional under clause (b)?
Answer:
The wording states that the offender:
“shall also be liable to fine.”
Thus, clause (b) expressly provides liability to fine in addition to imprisonment.
Q43. What is the classification under Section 248(a)?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Magistrate of the First Class
Memory
248(a) = NC + B + MFC
Q44. What is the classification under Section 248(b)?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Court of Session
Memory
248(b) = NC + B + SESSION
Q45. Is Section 248 cognizable?
Answer:
No.
Both supplied clauses are:
Non-cognizable
Q46. Is Section 248 bailable?
Answer:
Yes.
Both clauses are:
Bailable
Q47. What is the main trial-Court difference between clauses (a) and (b)?
Answer:
Clause (a)
Triable by:
Magistrate of the First Class
Clause (b)
Triable by:
Court of Session
This reflects the greater seriousness of falsely accusing a person of an offence carrying death, life imprisonment, or ten years or more.
Q48. Give a simple example of Section 248(a).
Answer:
Suppose A wants to harm B.
A knowingly makes a completely fabricated criminal accusation against B, despite knowing that B committed no such offence and that there is no lawful basis for the accusation.
If the underlying falsely alleged offence does not fall within clause (b), Section 248(a) may apply.
Q49. Give an example of Section 248(b).
Answer:
Suppose A, intending to seriously injure B, knowingly causes a criminal proceeding to be instituted falsely accusing B of an offence punishable with life imprisonment.
A knows there is no just or lawful ground for the accusation.
Section 248(b) may apply.
Q50. Give an example where Section 248 does not apply merely because the complaint failed.
Answer:
Suppose A honestly believes B committed an offence based on facts reasonably available to A.
A makes a complaint, but the evidence later proves insufficient and B is acquitted.
That failure alone does not establish that A knew there was no just or lawful ground when the complaint was made.
Q51. Give an example involving a police officer.
Answer:
According to the supplied comments, suppose a police officer knowingly brings a false criminal charge against a person solely to cause that person injury, while knowing that there is no lawful basis for the charge.
The officer may potentially fall within Section 248 if all statutory ingredients are established.
Q52. Does being a police officer create immunity under Section 248?
Answer:
No such immunity appears in the supplied text.
According to the supplied comments, a police officer can also be liable.
Q53. Can a private complainant commit Section 248?
Answer:
Yes.
A private person who intentionally sets a knowingly false criminal proceeding in motion may fall within the provision.
Q54. Can the section apply where the accusation is under a special statute?
Answer:
According to the supplied comments, yes.
The false charge need not be for a BNS offence and may concern an offence under a local or special law.
Q55. Is a false civil claim covered by Section 248?
Answer:
The supplied text specifically concerns:
Criminal proceeding
and a false charge of:
An offence
Therefore, an ordinary false civil claim is not within the wording of Section 248 merely because it is false.
Q56. Is a disciplinary allegation automatically covered?
Answer:
Not merely because it is false.
The section requires a criminal proceeding or a false charge of having committed an offence.
Q57. What is the difference between a false charge and an honest accusation that later proves wrong?
Answer:
The key difference is mens rea.
False charge under Section 248
The accuser:
- Intends to cause injury; and
- Knows there is no just or lawful ground.
Honest but mistaken accusation
The accuser genuinely believes there is a lawful basis.
Memory
FALSE + KNOWINGLY GROUNDLESS = 248
Q58. How does Section 248 differ from Section 249?
Answer:
These neighbouring sections deal with opposite stages of interference with criminal justice.
Section 248
A person falsely sets criminal law against another.
Memory
FALSELY ACCUSE
Section 249
A person harbours or conceals an actual offender to keep criminal law away from him.
Memory
HIDE OFFENDER
Simple Contrast
248 = CREATE FALSE LIABILITY
249 = PREVENT TRUE LIABILITY
Q59. How does Section 248 differ from Sections 250 and 251?
Answer:
Section 248
False accusation or criminal proceeding intended to injure.
Section 250
Taking a benefit in exchange for concealment, screening, or non-prosecution.
Section 251
Giving a benefit in exchange for concealment, screening, or non-prosecution.
Memory
248 = FALSE CHARGE
250 = TAKE TO SCREEN
251 = GIVE TO SCREEN
Q60. What is the easiest exam test for Section 248?
Answer:
Ask:
1. Was a criminal proceeding instituted or caused to be instituted?
2. Alternatively, was a person falsely charged with an offence?
3. Did the accused intend to cause injury?
4. Did the accused know there was no just or lawful ground?
5. How serious was the falsely alleged offence?
6. Does clause (a) or clause (b) apply?
Q61. What is the shortest memory formula?
Answer:
“FALSE CRIMINAL CHARGE + INTENT TO INJURE + KNOWING NO LAWFUL BASIS = 248.”
Key Provisions (Study Notes)
1. General Offender
The section applies to:
WHOEVER
It can therefore apply to a private individual and, according to the supplied comments, also to a police officer.
2. First Prohibited Act
INSTITUTES CRIMINAL PROCEEDING
3. Second Prohibited Act
CAUSES CRIMINAL PROCEEDING TO BE INSTITUTED
4. Third Prohibited Act
FALSELY CHARGES A PERSON WITH AN OFFENCE
5. First Mens Rea Requirement
INTENT TO CAUSE INJURY
6. Second Mens Rea Requirement
KNOWLEDGE THAT THERE IS NO JUST OR LAWFUL GROUND
Mental Element Formula
INTENT TO INJURE
+
KNOWINGLY GROUNDLESS
These must accompany the false criminal proceeding or accusation.
Punishment Study Notes
Clause (a) — Ordinary Case
Punishment:
- Imprisonment of either description up to 5 years; or
- Fine up to ₹2 lakh; or
- Both.
Memory
5 YEARS / ₹2 LAKH / BOTH
Clause (b) — Serious False Charge
Applies where the falsely alleged offence is punishable with:
- Death;
- Life imprisonment;
- Ten years or upwards.
Punishment:
- Imprisonment of either description up to 10 years;
- Fine also.
Memory
DEATH / LIFE / 10+ → 10 YEARS + FINE
BNS Changes Study Notes
According to the supplied comments:
Clause (a)
Old maximum:
2 years
BNS maximum:
5 years
Fine ceiling fixed at:
₹2 lakh
Clause (b)
Old maximum:
7 years
BNS maximum:
10 years
The provision has also been rearranged into clauses.
Modes of Commencing Criminal Prosecution in the Supplied Commentary
According to the supplied comments, the criminal process may be set in motion through:
1. Complaint
Complaint under Section 223 BNSS.
2. Police Accusation
False charge of a cognizable offence to police.
3. Police Report
A police report to Court.
4. Court Petition
Moving the Court through an appropriate petition under the BNSS.
Revision Point
The method may differ, but the central question remains:
DID THE ACCUSED KNOWINGLY SET A GROUNDLESS CRIMINAL PROCESS IN MOTION TO INJURE ANOTHER?
Scope of the False Charge
According to the supplied comments, the false accusation must relate to the original accusation that:
PUTS OR SEEKS TO PUT THE CRIMINAL INVESTIGATION INTO MOTION
The underlying falsely alleged offence may arise under:
- BNS;
- Local law;
- Special law.
Difference Between Section 248(a) and Section 248(b)
Section 248(a)
Ordinary false criminal proceeding or false accusation satisfying the section.
Punishment:
Up to 5 years / ₹2 lakh fine / both
Classification:
NC + B + MFC
Section 248(b)
False proceeding involving an accusation of an offence punishable with:
- Death;
- Life imprisonment;
- Ten years or upwards.
Punishment:
Up to 10 years + fine
Classification:
NC + B + Court of Session
Quick Revision Notes
Section
248 BNS
Title
False charge of offence made with intent to injure
IPC Equivalent
211 IPC
Act
- Institute criminal proceeding;
- Cause criminal proceeding to be instituted;
- Falsely charge another with an offence.
First Mens Rea
Intent to cause injury.
Second Mens Rea
Knowledge that there is no just or lawful ground.
Clause (a) Punishment
Up to 5 years / fine up to ₹2 lakh / both
Clause (b) Trigger
False charge of offence punishable with:
Death / life / 10 years or upwards
Clause (b) Punishment
Up to 10 years + fine
Classification
248(a): NC + B + MFC
248(b): NC + B + Court of Session
BNS Changes
- 2 years → 5 years
- Fine ceiling → ₹2 lakh
- 7 years → 10 years
- Provision rearranged into clauses.
Exam Traps
Trap 1 — Thinking every failed prosecution is a false charge
Incorrect.
The accuser must know there is:
NO JUST OR LAWFUL GROUND
Trap 2 — Forgetting intent to injure
A false allegation alone does not complete the statutory test.
Remember:
INTENT TO CAUSE INJURY
Trap 3 — Requiring actual conviction of the falsely accused person
Incorrect.
Section 248 is directed at the false charge or proceeding itself.
Trap 4 — Requiring actual arrest
Incorrect.
Arrest is not an express ingredient.
Trap 5 — Restricting the section to complaints filed directly in Court
Incorrect.
According to the supplied comments, the criminal process may also be set in motion through police and other BNSS mechanisms.
Trap 6 — Assuming only private persons can commit it
Incorrect.
According to the supplied comments, a police officer may also fall within the section.
Trap 7 — Assuming the false charge must be under BNS
Incorrect.
According to the supplied comments, it may concern an offence under a local or special law.
Trap 8 — Forgetting the enhanced punishment
For a falsely alleged offence punishable with:
DEATH / LIFE / 10 YEARS OR MORE
the punishment may extend to:
10 YEARS + FINE
Trap 9 — Writing the old IPC punishment
For clause (a), the BNS maximum is:
5 YEARS
not 2 years.
Trap 10 — Writing ₹2 lakh as the clause (b) fine ceiling
The supplied text fixes the ₹2 lakh ceiling under clause (a).
Clause (b) simply says the offender shall also be liable to fine.
Trap 11 — Confusing Section 248 with malicious prosecution as if they were identical concepts
The supplied comments say Section 248 is akin to malicious prosecution.
For an exam answer, always return to the statutory ingredients of Section 248 itself.
Trap 12 — Confusing Sections 248 and 249
Remember:
248 = FALSELY PUT CRIMINAL LAW IN MOTION
249 = HIDE PERSON FROM CRIMINAL LAW
Rapid Revision Chain: Sections 248–254
248
Knowingly false criminal charge or proceeding with intent to injure.
Memory
FALSE CHARGE
249
Harbour or conceal offender after crime to screen from punishment.
Memory
HIDE OFFENDER
250
Accept or seek a benefit to conceal, screen, or not proceed.
Memory
TAKE TO SCREEN
251
Give or offer a benefit to obtain concealment, screening, or non-prosecution.
Memory
GIVE TO SCREEN
252
Take gratification to help recover movable property but fail to pursue offender.
Memory
TAKE TO RECOVER
253
Harbour or conceal escapee/wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers or dacoits to facilitate offence or screen them.
Memory
HARBOUR ROBBERS/DACOITS
Best Seven-Section Memory Sequence
248 = FALSE CHARGE
249 = HIDE OFFENDER
250 = TAKE TO SCREEN
251 = GIVE TO SCREEN
252 = TAKE TO RECOVER
253 = HIDE ESCAPEE
254 = HARBOUR ROBBERS/DACOITS
Ultimate Memory Formula
SECTION 248
INSTITUTE / CAUSE CRIMINAL PROCEEDING
OR
FALSELY CHARGE PERSON WITH OFFENCE
+
INTENT TO CAUSE INJURY
+
KNOWLEDGE THAT NO JUST OR LAWFUL GROUND EXISTS
= SECTION 248
Punishment Memory
Ordinary case
5 YEARS / ₹2 LAKH / BOTH
Serious false charge
DEATH / LIFE / 10+ → 10 YEARS + FINE
Shortest Memory Rule
“KNOWINGLY USE A FALSE CRIMINAL CHARGE TO INJURE ANOTHER = 248.”
Key Takeaway
Section 248 BNS punishes the deliberate misuse of criminal proceedings against another person.
The essential requirements are:
- A criminal proceeding is instituted or caused to be instituted, or a false criminal charge is made;
- The accused intends to cause injury;
- The accused knows that there is no just or lawful ground for the proceeding or charge.
The ordinary punishment under clause (a) is:
Up to 5 years / fine up to ₹2 lakh / both
Where the false accusation concerns an offence punishable with:
- Death;
- Life imprisonment; or
- Ten years or upwards,
clause (b) provides:
Up to 10 years + fine
According to the supplied classification:
248(a) = Non-cognizable + Bailable + Magistrate First Class
248(b) = Non-cognizable + Bailable + Court of Session
According to the supplied comments:
Section 248 BNS = Section 211 IPC
The BNS significantly increases the punishments while retaining the essential structure of the offence.
Final Memory Line
“248 = FALSE PROCEEDING/CHARGE + INTENT TO INJURE + KNOWING NO JUST OR LAWFUL GROUND.”
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KembaraXtra - Bharatiya Nyaya Sanhita - Section 249: Harbouring Offender
Introduction
Section 249 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who, after an offence has been committed, harbours or conceals the offender knowing or having reason to believe that the person is the offender, and does so with the intention of screening that offender from legal punishment.
The section therefore deals with post-offence protection.
Its essence is not mere knowledge of an offender’s whereabouts. There must be an act of harbouring or concealment, coupled with the required knowledge or reason to believe and the specific intention to shield the offender from punishment.
Basic Formula
OFFENCE COMMITTED + HARBOUR/CONCEAL + KNOWLEDGE OR REASON TO BELIEVE + INTENT TO SCREEN FROM LEGAL PUNISHMENT = SECTION 249
Q1. What does Section 249 provide?
Answer:
Section 249 applies where:
1. An offence has already been committed;
2. The accused harbours or conceals another person;
3. The accused knows or has reason to believe that the person is the offender; and
4. The harbouring or concealment is done with the intention of screening that offender from legal punishment.
Q2. What is the object of Section 249?
Answer:
The object is to prevent persons from assisting offenders after the commission of crime by:
- Giving them shelter;
- Concealing them;
- Protecting them from detection;
- Helping them avoid lawful punishment.
Core Principle
A person who knowingly shelters or conceals an offender after the crime in order to protect him from punishment may be liable under Section 249.
Q3. Which IPC provision corresponds to Section 249 BNS?
Answer:
According to the supplied comments:
Section 249 BNS = Section 212 IPC
Q4. What changes were made under BNS?
Answer:
According to the supplied comments:
- The substantive language remains unchanged;
- The provision has been rearranged into clauses and an explanation;
- IPC section references in the explanation have been replaced with corresponding BNS provisions;
- The older expression “husband and wife” has been replaced with the gender-neutral term:
“spouse”
Q5. Who can commit the offence under Section 249?
Answer:
The provision uses the word:
“Whoever”
Therefore, it is a general offence and is not limited to public servants.
Q6. What are the essential ingredients of Section 249?
Answer:
The essential ingredients are:
1. An offence has been committed;
2. The accused harbours or conceals a person;
3. The accused knows or has reason to believe that the person is the offender;
4. The accused intends to screen that person from legal punishment;
5. The spouse exception does not apply.
Formula
OFFENCE + OFFENDER + HARBOUR/CONCEAL + KNOW/REASON TO BELIEVE + SCREENING INTENT = 249
Q7. Must an offence already have been committed?
Answer:
Yes.
The section begins with:
“Whenever an offence has been committed”
Therefore, Section 249 is fundamentally a post-offence provision.
Q8. Does Section 249 apply before an offence is committed?
Answer:
No, not on its own wording.
The section requires that an offence has been committed.
This distinguishes it from provisions such as Section 254, which can extend to persons about to commit robbery or dacoity.
Q9. What act must the accused perform?
Answer:
The accused must:
- Harbour; or
- Conceal
the offender.
Q10. What does “harbour” mean in this context?
Answer:
According to the supplied comments, harbouring generally involves knowingly giving:
- Shelter;
- Aid;
- Protection;
- Assistance
to an offender, especially for the purpose of helping that person evade arrest or punishment.
Q11. What does “conceal” mean?
Answer:
Concealment refers to hiding the offender or otherwise keeping the offender from being discovered.
Memory
HARBOUR = SHELTER/PROTECT
CONCEAL = HIDE
Q12. Is mere knowledge of the offender’s whereabouts enough?
Answer:
No.
According to the supplied comments, merely knowing where an accused person is does not by itself amount to harbouring.
There must be some act amounting to harbouring or concealment.
Q13. Why is mere knowledge insufficient?
Answer:
Because Section 249 punishes an affirmative form of assistance:
- Harbouring; or
- Concealing.
Knowledge alone, without conduct amounting to protection or concealment, does not satisfy the section.
Q14. What mental element is required?
Answer:
The accused must:
Know or have reason to believe
that the person being harboured or concealed is the offender.
Q15. Is actual knowledge always necessary?
Answer:
No.
The statute also covers a person who has:
Reason to believe
that the person is the offender.
Q16. Is mere suspicion sufficient?
Answer:
No.
The statutory standard is:
- Knowledge; or
- Reason to believe.
A vague suspicion is not the same as having reason to believe.
Q17. What further intention is required?
Answer:
The accused must act with the intention:
To screen the offender from legal punishment
This is a crucial ingredient.
Q18. Is harbouring alone sufficient?
Answer:
No.
There must also be:
1. Knowledge or reason to believe that the person is the offender; and
2. Intention to screen that person from legal punishment.
Memory
HARBOURING ALONE ≠ SECTION 249
Q19. What does “screen from legal punishment” mean?
Answer:
It means protecting the offender from the lawful consequences of the offence.
This can include helping the person avoid:
- Detection;
- Apprehension;
- Prosecution;
- Punishment.
Q20. Must the offender actually escape punishment?
Answer:
No.
The section focuses on the accused’s intention to screen.
Actual successful avoidance of punishment is not made an express ingredient.
Q21. Must the accused have participated in the original offence?
Answer:
No.
Section 249 specifically concerns a person who assists after the offence has been committed.
The harbourer may be completely separate from the original crime.
Q22. Must the accused receive money or some benefit?
Answer:
No.
No financial reward or personal gain is required.
The offence is based on:
- Harbouring or concealment;
- Knowledge or reason to believe;
- Screening intent.
Q23. Is physical force required?
Answer:
No.
Violence is not an ingredient.
Q24. Must the offender be convicted before Section 249 can apply?
Answer:
No.
The section refers to a person whom the accused knows or has reason to believe to be the offender.
A prior conviction is not stated as a requirement.
Q25. What is the significance of the phrase “the offender”?
Answer:
It links the person being sheltered or concealed to the offence that has already been committed.
The accused must know or have reason to believe that the person being protected is the person responsible for that offence.
Q26. How is punishment determined under Section 249?
Answer:
Punishment depends on the seriousness of the underlying offence.
There are three categories:
- Clause (a): offence punishable with death;
- Clause (b): offence punishable with life imprisonment or up to ten years;
- Clause (c): offence punishable with imprisonment from one year up to below ten years.
Q27. What is the punishment under clause (a)?
Answer:
If the underlying offence is punishable with:
Death
the harbourer may be punished with:
- Imprisonment of either description up to 5 years; and
- Fine.
Memory
DEATH → 5 YEARS + FINE
Q28. Why is “5 years” important?
Answer:
Because Section 249 differs from several neighbouring screening or harbouring provisions.
For example, Sections 250, 251, and 253 may provide 7 years in their death-punishable category, whereas Section 249 provides:
Up to 5 years
This is a useful exam distinction.
Q29. What is the punishment under clause (b)?
Answer:
If the underlying offence is punishable with:
- Imprisonment for life; or
- Imprisonment which may extend to ten years,
the punishment is:
- Imprisonment of either description up to 3 years; and
- Fine.
Memory
LIFE / 10 YEARS → 3 YEARS + FINE
Q30. What is the punishment under clause (c)?
Answer:
If the underlying offence is punishable with imprisonment which may extend to:
One year and not to ten years
the punishment is:
- Imprisonment of the description provided for the underlying offence;
- Up to one-fourth of the longest term prescribed for that offence;
- Or fine;
- Or both.
Q31. What is the one-fourth rule?
Answer:
Under clause (c):
Maximum Section 249 imprisonment = ¼ of the longest imprisonment provided for the underlying offence
Q32. Give an example where the underlying maximum is eight years.
Answer:
One-fourth of eight years is:
2 years
Therefore, the maximum imprisonment under clause (c) would be two years.
Q33. What if the underlying maximum is four years?
Answer:
One-fourth of four years is:
1 year
Q34. What if the underlying maximum is two years?
Answer:
One-fourth of two years is:
6 months
Q35. Does clause (c) preserve the type of imprisonment attached to the underlying offence?
Answer:
Yes.
The wording states:
“imprisonment of the description provided for the offence”
Therefore, the type of imprisonment follows the underlying offence.
Q36. What is the punishment ladder under Section 249?
Answer:
Remember:
DEATH → 5
LIFE / 10 → 3
1 TO BELOW 10 → ¼
Q37. What does the Explanation to Section 249 provide?
Answer:
The Explanation extends the meaning of “offence” to certain acts committed outside India.
If the conduct occurred outside India but would have been punishable in India under the specifically listed BNS provisions, it is treated for Section 249 as though it had been committed in India.
Q38. Which BNS provisions are specifically listed in the Explanation?
Answer:
The supplied text lists:
- Section 103
- Section 105
- Section 307
- Section 309(2), (3), and (4)
- Section 310(2), (3), (4), and (5)
- Section 311
- Section 312
- Section 326(f) and (g)
- Section 331(4), (6), (7), and (8)
- Section 332(a) and (b)
These are expressly incorporated into the foreign-offence explanation.
Q39. Why is the Explanation important?
Answer:
It prevents a harbourer from avoiding Section 249 merely because the underlying specified act occurred outside India.
Q40. Does every offence committed outside India automatically come within Section 249?
Answer:
No.
The supplied Explanation specifically refers to acts punishable under the listed BNS provisions.
Therefore, the foreign-offence extension should be read according to the wording of the Explanation.
Q41. What legal fiction does the Explanation create?
Answer:
For Section 249, the listed qualifying foreign act is treated:
As though the accused had been guilty of it in India
Q42. What is the statutory exception?
Answer:
Section 249 does not extend to a case where the harbouring or concealment is done by:
The spouse of the offender
Q43. Does the spouse exception apply to both harbouring and concealment?
Answer:
Yes.
The exception expressly refers to:
“harbour or concealment”
Q44. Does the exception extend to every relative?
Answer:
No.
The supplied text expressly mentions only the:
Spouse
It does not state a general exception for:
- Parents;
- Children;
- Siblings;
- Other relatives.
Q45. What BNS drafting change was made to the exception?
Answer:
According to the supplied comments:
- The earlier reference to “husband and wife” was replaced by:
“spouse”
Q46. What does the supplied Illustration show?
Answer:
The Illustration states that:
- A knows B has committed dacoity;
- A knowingly conceals B;
- A intends to screen B from legal punishment.
Because B is liable to imprisonment for life, A may be punished under the corresponding category with:
- Imprisonment of either description up to 3 years; and
- Fine.
Q47. What does the Illustration teach about mens rea?
Answer:
It clearly demonstrates two mental elements:
1. A knows B committed the offence;
2. A conceals B specifically to screen him from punishment.
Thus:
KNOWLEDGE + SCREENING INTENT
are both central.
Q48. What does the Illustration teach about punishment?
Answer:
The harbourer’s punishment depends on the punishment attached to the underlying offence committed by the person harboured.
Because dacoity in the Illustration attracts life imprisonment, clause (b) applies.
Q49. Give a simple example of Section 249.
Answer:
Suppose A knows that B has committed a serious offence.
A hides B in a concealed room so that the police cannot find him and does so specifically to protect B from punishment.
Section 249 may apply.
Q50. Give an example where mere knowledge is insufficient.
Answer:
Suppose A knows where B, an offender, is staying but:
- Does not give B shelter;
- Does not conceal B;
- Does not assist B;
- Does not act to screen B.
According to the supplied comments, mere knowledge of B’s whereabouts would not by itself amount to harbouring.
Q51. Give an example where harbouring occurs but screening intent is absent.
Answer:
Suppose A allows B to stay temporarily but does not know or have reason to believe that B is an offender.
The required mental element would be absent.
Similarly, if A knows of B’s offence but the circumstances do not establish an intention to screen B from legal punishment, the statutory ingredients would still have to be proved.
Q52. Is harbouring the same as knowing where an accused is?
Answer:
No.
This is an important point from the supplied comments.
Knowledge of whereabouts
Means simply knowing the location.
Harbouring
Requires some affirmative shelter, aid, protection, concealment, or similar assistance.
Memory
KNOWING ≠ HARBOURING
Q53. Why is Section 249 called a post-offence provision?
Answer:
Because the section begins only:
“Whenever an offence has been committed”
Thus, the offence being screened must already have occurred.
Q54. How does Section 249 differ from Section 254?
Answer:
Section 249
Applies generally to harbouring an offender after an offence has been committed.
The purpose is:
Screening from legal punishment
Section 254
Specifically concerns robbers or dacoits who:
- Are about to commit robbery/dacoity; or
- Have recently committed it.
Its purposes include:
- Facilitating the offence; or
- Screening them from punishment.
Memory
249 = GENERAL OFFENDER AFTER CRIME
254 = ROBBERS/DACOITS BEFORE OR AFTER
Q55. How does Section 249 differ from Section 253?
Answer:
Section 249
The person is harboured because he is known or believed to be the offender after the crime.
Section 253
The person:
- Has escaped from lawful custody; or
- Is subject to a lawful order for apprehension,
and is harboured or concealed to prevent apprehension.
Memory
249 = AFTER OFFENCE
253 = AFTER ESCAPE / APPREHENSION ORDER
Q56. What is the difference in intention between Sections 249 and 253?
Answer:
Section 249 requires:
Intent to screen from legal punishment
Section 253 requires:
Intent to prevent apprehension
These concepts overlap in practical effect but are stated differently and should be kept separate in an exam answer.
Q57. What is the difference between Sections 249 and 250?
Answer:
Section 249
The accused directly:
- Harbours; or
- Conceals
an offender.
Section 250
The accused:
- Accepts;
- Attempts to obtain; or
- Agrees to accept
gratification or restitution in consideration of concealment, screening, or non-prosecution.
Memory
249 = HIDE
250 = TAKE BENEFIT TO HIDE/SCREEN
Q58. What is the difference between Sections 249 and 251?
Answer:
Section 249
Direct harbouring or concealment of offender.
Section 251
Giving or offering gratification, or restoring property, in consideration of another person's:
- Concealing;
- Screening;
- Not proceeding.
Memory
249 = HARBOUR
251 = PAY SOMEONE TO SCREEN
Q59. What is the classification under Section 249?
Answer:
According to the supplied classification, clauses 249(a), (b), and (c) are:
- Cognizable
- Bailable
- Magistrate of the First Class
Memory
C + B + MFC
Q60. Is Section 249 cognizable?
Answer:
Yes.
All three supplied clauses are:
Cognizable
Q61. Is Section 249 bailable?
Answer:
Yes.
All three clauses are:
Bailable
Q62. Which Court may try Section 249?
Answer:
According to the supplied classification:
Magistrate of the First Class
Q63. What is the easiest exam test for Section 249?
Answer:
Ask:
1. Has an offence already been committed?
2. Did the accused harbour or conceal another person?
3. Did the accused know or have reason to believe that person was the offender?
4. Was the intention to screen the offender from legal punishment?
5. What is the punishment attached to the underlying offence?
6. Does the spouse exception apply?
7. If the underlying act occurred outside India, does it fall within the specified Explanation?
Q64. What is the shortest memory formula?
Answer:
“OFFENCE DONE + KNOW OFFENDER + HARBOUR/HIDE + SCREEN FROM PUNISHMENT = 249.”
Key Provisions (Study Notes)
1. Timing
Section 249 applies:
AFTER THE OFFENCE HAS BEEN COMMITTED
2. Act
The accused:
HARBOURS OR CONCEALS
the offender.
3. Knowledge
The accused:
KNOWS OR HAS REASON TO BELIEVE
that the person is the offender.
4. Intention
The purpose must be:
TO SCREEN THE OFFENDER FROM LEGAL PUNISHMENT
5. Mere Knowledge Is Not Enough
According to the supplied comments:
KNOWING THE WHEREABOUTS ≠ HARBOURING
There must be some act of aid, shelter, protection, concealment, or similar assistance.
Punishment Study Notes
Clause (a): Underlying offence punishable with death
Punishment:
- Imprisonment of either description up to 5 years;
- Fine also.
Memory
DEATH → 5
Clause (b): Underlying offence punishable with life or up to 10 years
Punishment:
- Imprisonment of either description up to 3 years;
- Fine also.
Memory
LIFE / 10 → 3
Clause (c): Underlying offence punishable from 1 year to below 10 years
Punishment:
- Same description of imprisonment as underlying offence;
- Up to ¼ of longest term;
- Or fine;
- Or both.
Memory
1 TO BELOW 10 → ¼
Punishment Ladder
DEATH → 5 YEARS
LIFE / 10 → 3 YEARS
1 TO BELOW 10 → ONE-FOURTH
Explanation Study Notes
The Explanation extends Section 249 to certain specified acts committed:
OUTSIDE INDIA
where those acts would be punishable in India under the listed BNS provisions.
Memory
SPECIFIED FOREIGN OFFENCE CAN BE TREATED AS INDIAN OFFENCE FOR SECTION 249
Exception Study Notes
Section 249 does not extend where harbouring or concealment is by:
THE SPOUSE OF THE OFFENDER
According to the supplied comments, BNS replaces the older wording:
“husband and wife”
with:
“spouse”
Difference Between Sections 249–254
Section 249
Harbour offender after crime
Act:
- Harbour/conceal.
Intent:
- Screen from punishment.
Memory
249 = HIDE OFFENDER
Section 250
Take benefit to screen
Act:
- Accept/attempt/agreed acceptance of gratification or restitution.
Memory
250 = TAKE TO SCREEN
Section 251
Give benefit to screen
Act:
- Give/offer gratification or restore property.
Memory
251 = GIVE TO SCREEN
Section 252
Take gratification to help recover property
Special requirement:
- Must use all means to cause apprehension and conviction.
Memory
252 = TAKE TO RECOVER
Section 253
Harbour escapee or wanted person
Intent:
- Prevent apprehension.
Memory
253 = HIDE WANTED PERSON
Section 254
Harbour robbers or dacoits
Intent:
- Facilitate robbery/dacoity; or
- Screen them from punishment.
Memory
254 = HARBOUR ROBBERS/DACOITS
Quick Revision Notes
Section
249 BNS
Title
Harbouring offender
IPC Equivalent
212 IPC
Timing
After offence has been committed.
Act
Harbour or conceal offender.
Mental Element
Know or have reason to believe person is offender.
Intention
Screen offender from legal punishment.
Punishment
- Death offence → up to 5 years + fine
- Life/10-year offence → up to 3 years + fine
- 1 year to below 10 years → ¼ maximum / fine / both
Explanation
Specified foreign acts are included.
Exception
Spouse of offender.
Classification
Cognizable + Bailable + Magistrate First Class
BNS Changes
- Rearranged into clauses and explanation;
- IPC references replaced by corresponding BNS sections;
- “husband and wife” replaced with “spouse.”
Exam Traps
Trap 1 — Forgetting that the offence must already have been committed
Section 249 is post-offence.
Trap 2 — Treating mere knowledge of whereabouts as harbouring
Incorrect.
According to the supplied comments:
MERE KNOWLEDGE ≠ HARBOURING
Trap 3 — Forgetting “reason to believe”
Actual knowledge is not the only standard.
Trap 4 — Forgetting screening intent
Harbouring must be done:
To screen the offender from legal punishment
Trap 5 — Thinking actual escape from punishment is necessary
Incorrect.
The section focuses on intention to screen.
Trap 6 — Using 7 years for clause (a)
Incorrect.
For Section 249:
Death-punishable underlying offence → 5 years
This distinguishes it from some neighbouring provisions.
Trap 7 — Forgetting the one-fourth rule
Clause (c):
¼ of longest term
Trap 8 — Thinking all foreign offences are automatically covered
The Explanation specifically identifies the relevant BNS provisions.
Trap 9 — Extending the spouse exception to all relatives
The express exception is limited to:
Spouse
Trap 10 — Confusing Section 249 with Section 253
Remember:
249 = OFFENDER AFTER CRIME
253 = ESCAPEE / APPREHENSION ORDER
Trap 11 — Confusing Section 249 with Section 254
Remember:
249 = GENERAL OFFENDER
254 = ROBBER / DACOIT
Rapid Revision Chain: Sections 249–254
249
Harbour or conceal offender after crime to screen from punishment.
Memory
HIDE OFFENDER
250
Take benefit to conceal, screen, or not proceed.
Memory
TAKE TO SCREEN
251
Give benefit to obtain concealment, screening, or non-prosecution.
Memory
GIVE TO SCREEN
252
Take gratification to recover movable property but fail to pursue offender.
Memory
TAKE TO RECOVER
253
Harbour or conceal escapee/wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers/dacoits to facilitate or screen.
Memory
HARBOUR ROBBERS/DACOITS
Best Six-Section Memory Sequence
249 = HIDE
250 = TAKE
251 = GIVE
252 = RECOVER
253 = ESCAPEE
254 = ROBBERS/DACOITS
Ultimate Memory Formula
SECTION 249
OFFENCE ALREADY COMMITTED
+
HARBOUR OR CONCEAL
+
KNOW / REASON TO BELIEVE PERSON IS OFFENDER
+
INTENT TO SCREEN FROM LEGAL PUNISHMENT
= SECTION 249
Punishment Memory
DEATH → 5
LIFE / 10 → 3
1 TO BELOW 10 → ¼
Exception Memory
SPOUSE = EXCLUDED
Shortest Memory Rule
“KNOWINGLY HIDE AN OFFENDER AFTER THE CRIME TO SAVE HIM FROM PUNISHMENT = 249.”
Key Takeaway
Section 249 BNS is the general provision dealing with harbouring or concealment of an offender after an offence has already been committed.
The prosecution must establish:
- An offence has been committed;
- The accused harboured or concealed the offender;
- The accused knew or had reason to believe that the person was the offender;
- The accused intended to screen that person from legal punishment.
Mere knowledge of the offender’s whereabouts is not enough according to the supplied comments.
The punishment depends on the underlying offence:
Death → up to 5 years + fine
Life / 10 years → up to 3 years + fine
1 year to below 10 years → up to one-fourth of the longest term, or fine, or both
The provision also contains:
- A special Explanation concerning specified foreign offences; and
- A spouse exception.
According to the supplied comments:
Section 249 BNS = Section 212 IPC
and the key drafting changes are the rearrangement into clauses and explanation, replacement of IPC references by corresponding BNS sections, and substitution of “husband and wife” with “spouse.”
Final Memory Line
“249 = OFFENCE COMMITTED + KNOW OFFENDER + HARBOUR/CONCEAL + SCREEN FROM PUNISHMENT + SPOUSE EXCEPTION.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Relevant BNS Sections Involving “Harbour”
The term “harbour” appears in several different contexts under the Bharatiya Nyaya Sanhita. The legal effect depends heavily on who is being harboured, why they are being harboured, and the nature of the underlying offence.
A useful way to remember these provisions is to move from special categories—such as prisoners, deserters, unlawful assemblies, and robbers—to the more general harbouring provisions relating to offenders.
Q1. Which important BNS sections involve harbouring?
Answer:
The relevant sections shown in the supplied material are:
- Section 158 — aiding escape, rescuing or harbouring such prisoner.
- Section 164 — harbouring a deserter.
- Section 189(7) — harbouring persons hired for an unlawful assembly.
- Section 249 — harbouring an offender after the crime.
- Section 253 — harbouring an offender after escape from custody or where apprehension has been ordered.
- Section 254 — harbouring robbers or dacoits.
Section 158 — Harbouring a Prisoner
Q2. What kind of harbouring is covered by Section 158?
Answer:
Section 158 concerns conduct involving a prisoner and includes:
- Aiding escape;
- Rescuing; or
- Harbouring such prisoner.
The focus is therefore on assisting a prisoner to escape or remain outside lawful custody.
Punishment
According to the supplied material:
Imprisonment up to 10 years and fine
Memory
158 = PRISONER
Section 164 — Harbouring a Deserter
Q3. What does Section 164 deal with?
Answer:
Section 164 concerns:
Harbouring a deserter
The person being protected is therefore a deserter rather than an ordinary criminal offender.
Punishment
According to the supplied material:
- Imprisonment up to 2 years; or
- Fine; or
- Both.
Memory
164 = DESERTER
Section 189(7) — Harbouring Persons Hired for an Unlawful Assembly
Q4. What type of harbouring is covered by Section 189(7)?
Answer:
Section 189(7) concerns:
Harbouring persons hired for an unlawful assembly
The provision is tied specifically to persons who have been hired or engaged in connection with an unlawful assembly.
Punishment
According to the supplied material:
- Imprisonment up to 6 months; or
- Fine; or
- Both.
Memory
189(7) = HIRED PERSONS + UNLAWFUL ASSEMBLY
Section 249 — Harbouring an Offender After the Crime
Q5. What is the focus of Section 249?
Answer:
Section 249 concerns:
Harbouring an offender after the offence has been committed
The central idea is post-offence assistance given to the offender.
Punishment
The punishment is not fixed at one uniform level.
Instead:
It depends on the nature and seriousness of the offence for which the offender has been harboured.
Memory
249 = OFFENDER AFTER CRIME
Section 253 — Harbouring an Offender After Escape
Q6. What is the special situation under Section 253?
Answer:
Section 253 concerns a person who:
- Has escaped from lawful custody; or
- Is subject to a lawful order for apprehension,
and is knowingly harboured or concealed with the intention of preventing apprehension.
Punishment
The punishment varies according to the seriousness of the underlying offence.
As previously studied:
- Death-punishable underlying offence → up to 7 years + fine;
- Life or 10-year underlying offence → up to 3 years, with or without fine;
- Lower category → up to one-fourth of the longest prescribed term, or fine, or both.
Memory
253 = ESCAPEE / WANTED PERSON
Section 254 — Harbouring Robbers or Dacoits
Q7. What does Section 254 specifically punish?
Answer:
Section 254 concerns persons who knowingly harbour people who:
- Are about to commit robbery or dacoity; or
- Have recently committed robbery or dacoity,
with the intention either to:
- Facilitate the robbery or dacoity; or
- Screen the offenders from punishment.
Punishment
Rigorous imprisonment up to 7 years + fine
Memory
254 = ROBBERS / DACOITS
Q8. What is the easiest way to distinguish these harbouring provisions?
Answer:
Focus first on who is being harboured.
Section 158
A prisoner.
Section 164
A deserter.
Section 189(7)
Persons hired for an unlawful assembly.
Section 249
An offender after commission of the offence.
Section 253
An escapee or person whose apprehension has been ordered.
Section 254
Robbers or dacoits.
Q9. Which provision carries the highest fixed maximum punishment in the supplied comparison?
Answer:
Among the sections shown with a fixed maximum, Section 158 carries:
Up to 10 years + fine
Section 254 carries rigorous imprisonment up to 7 years and fine.
Sections 249 and 253 cannot be compared by a single fixed maximum because their punishment depends on the underlying offence.
Q10. Which provision carries the lightest punishment in the supplied comparison?
Answer:
Section 189(7) carries:
Up to 6 months or fine or both
This is the lowest fixed maximum shown in the supplied material.
Q11. How do Sections 249 and 253 differ?
Answer:
The distinction is primarily the condition of the offender.
Section 249
The person is harboured after committing an offence.
Section 253
The person:
- Has escaped from lawful custody; or
- Is subject to an order for apprehension.
Memory
249 = AFTER CRIME
253 = AFTER ESCAPE / APPREHENSION ORDER
Q12. How does Section 254 differ from Sections 249 and 253?
Answer:
Section 254 is a special harbouring offence limited to:
Robbers and dacoits
It may apply:
- Before the robbery/dacoity, where harbouring facilitates its commission; or
- After the offence, where harbouring screens the offenders from punishment.
By contrast:
- Section 249 concerns an offender after the offence generally.
- Section 253 concerns an escapee or person whose apprehension has been ordered.
Q13. What is the key distinction between Section 158 and Section 253?
Answer:
Section 158
Focuses on the special category of a prisoner, including aiding escape, rescue, or harbouring.
Section 253
Focuses on a person who has:
- Escaped lawful custody for an offence; or
- Been ordered to be apprehended,
and is then harboured or concealed to prevent apprehension.
Memory
158 = PRISONER-ASSISTANCE OFFENCE
253 = HARBOUR ESCAPEE/WANTED PERSON
Quick Revision Notes
Section 158
Prisoner
Aiding escape, rescuing or harbouring such prisoner.
Punishment: Up to 10 years + fine.
Section 164
Deserter
Harbouring a deserter.
Punishment: Up to 2 years / fine / both.
Section 189(7)
Unlawful Assembly
Harbouring persons hired for an unlawful assembly.
Punishment: Up to 6 months / fine / both.
Section 249
Offender after crime
Harbouring an offender after commission of the offence.
Punishment: Depends on seriousness of underlying offence.
Section 253
Escaped or wanted offender
Harbouring or concealing a person who escaped lawful custody or whose apprehension has been lawfully ordered.
Punishment: Depends on seriousness of underlying offence.
Section 254
Robbers or dacoits
Harbouring persons about to commit or who recently committed robbery or dacoity.
Punishment: Rigorous imprisonment up to 7 years + fine.
Exam Traps
Trap 1 — Treating all harbouring offences as the same
Incorrect.
Always identify the category of person being harboured.
Trap 2 — Confusing Section 249 with Section 253
Remember:
249 = OFFENDER AFTER CRIME
253 = ESCAPEE / PERSON ORDERED TO BE APPREHENDED
Trap 3 — Forgetting Section 254 can operate before the offence
Section 254 can cover persons about to commit robbery or dacoity where harbouring is intended to facilitate the crime.
Trap 4 — Thinking Section 189(7) is a general harbouring offence
Incorrect.
It specifically concerns persons hired in connection with an:
Unlawful assembly
Trap 5 — Forgetting the special status of Section 164
Section 164 concerns:
A deserter
not an ordinary offender.
Trap 6 — Assuming Sections 249 and 253 have one fixed punishment
Incorrect.
Their punishment depends upon the seriousness of the underlying offence.
Memory Sequence
Use the following order:
PRISONER → DESERTER → UNLAWFUL ASSEMBLY → OFFENDER → ESCAPEE → ROBBERS/DACOITS
Corresponding sections:
158 → 164 → 189(7) → 249 → 253 → 254
Ultra-Short Memory Formula
158
PRISONER
164
DESERTER
189(7)
UNLAWFUL ASSEMBLY
249
AFTER CRIME
253
AFTER ESCAPE / APPREHENSION ORDER
254
ROBBERS / DACOITS
Key Takeaway
The BNS does not contain one single offence called “harbouring.” Instead, harbouring appears in several different provisions depending upon the person being protected and the surrounding circumstances.
The easiest examination method is to identify the person first:
158 = Prisoner
164 = Deserter
189(7) = Person hired for unlawful assembly
249 = Offender after crime
253 = Escapee or wanted person
254 = Robbers or dacoits
Final Memory Line
“WHO IS BEING HARBOURED?”
That question usually leads directly to the correct BNS section.
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 250: Taking Gift, etc., to Screen an Offender from Punishment
Introduction
Section 250 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes the receiving side of an unlawful bargain made to conceal an offence, shield a person from legal punishment, or stop proceedings intended to bring that person to punishment.
The section applies where a person:
- Accepts;
- Attempts to obtain; or
- Agrees to accept
either:
- Gratification for himself or another person; or
- Restitution of property to himself or another person,
in return for concealing an offence, screening an offender, or not proceeding against someone for the purpose of bringing him to legal punishment.
The punishment depends on the seriousness of the underlying offence.
Basic Formula
ACCEPT / ATTEMPT TO OBTAIN / AGREE TO ACCEPT + GRATIFICATION OR RESTITUTION + CONCEAL / SCREEN / NOT PROCEED = SECTION 250
Q1. What does Section 250 provide?
Answer:
Section 250 punishes a person who:
1. Accepts, attempts to obtain, or agrees to accept:
o Gratification; or
o Restitution of property;
2. The gratification or restitution may be:
o For himself; or
o For another person;
3. It is accepted in consideration of:
o Concealing an offence;
o Screening a person from legal punishment; or
o Not proceeding against a person for the purpose of bringing him to legal punishment.
Q2. What is the object of Section 250?
Answer:
The object is to prevent persons from accepting benefits in exchange for suppressing offences or protecting offenders from lawful punishment.
The section protects:
- Proper administration of criminal justice;
- Prosecution of offenders;
- Disclosure of offences;
- Integrity of legal proceedings.
Core Principle
A person cannot lawfully take a benefit in exchange for silence, shielding, or non-prosecution.
Q3. Which IPC provision corresponds to Section 250 BNS?
Answer:
According to the supplied comments:
Section 250 BNS = Section 213 IPC
Q4. Has Section 250 changed substantively under BNS?
Answer:
According to the supplied comments, the language remains unchanged.
The main drafting change is that the section has been:
Rearranged into clauses
Q5. Who can commit the offence under Section 250?
Answer:
The section begins with:
“Whoever”
Therefore, it is a general offence.
The offender need not be:
- A public servant;
- The victim;
- The original offender; or
- A particular relative.
Q6. What are the essential ingredients of Section 250?
Answer:
The main ingredients are:
1. The accused accepts, attempts to obtain, or agrees to accept;
2. The subject matter is:
o Gratification; or
o Restitution of property;
3. The benefit may be for:
o Himself; or
o Another person;
4. The benefit is taken in consideration of:
o Concealing an offence;
o Screening a person from legal punishment; or
o Not proceeding against a person for the purpose of bringing him to legal punishment;
5. The punishment is determined by the punishment attached to the underlying offence.
Formula
BENEFIT + ACCEPTANCE/ATTEMPT/AGREEMENT + PROHIBITED BARGAIN = 250
Q7. What forms of acceptance are covered?
Answer:
The section covers three forms:
1. Accepts
2. Attempts to obtain
3. Agrees to accept
Memory
ACCEPT – ATTEMPT – AGREE
Q8. Must the benefit actually be received?
Answer:
No.
The section expressly covers:
- Attempting to obtain; and
- Agreeing to accept.
Therefore, actual receipt is not always necessary.
Q9. Why is “attempts to obtain” important?
Answer:
Because liability may arise even where the accused tries to secure the benefit but does not ultimately receive it.
The law therefore reaches conduct before completion of the bargain.
Q10. What kinds of benefit are covered?
Answer:
Two broad forms are covered:
1. Gratification
2. Restitution of property
Q11. What does “gratification” mean in this section?
Answer:
The statute uses the broad term gratification.
It should not be understood as cash alone. It may include some benefit or consideration accepted in exchange for the prohibited conduct.
Q12. What is meant by “restitution of property”?
Answer:
It refers to restoration or return of property.
For example, a person may agree not to pursue an offender if property is returned to him.
Section 250 targets such an arrangement where the restitution is the consideration for concealing or screening the offence.
Q13. Must the gratification or property be for the accused personally?
Answer:
No.
The section expressly states:
“for himself or any other person”
Therefore, the benefit may be intended for:
- The accused; or
- Someone else.
Q14. Why is the phrase “for himself or any other person” important?
Answer:
Because the accused cannot avoid liability merely by directing the benefit to another person.
Memory
BENEFIT TO SELF OR THIRD PERSON = BOTH COVERED
Q15. What is the first prohibited consideration?
Answer:
The first is:
Concealing an offence
The accused accepts or seeks the benefit in exchange for hiding or suppressing the offence.
Q16. What does “concealing an offence” mean in practical terms?
Answer:
It means keeping the offence hidden or withholding it from those who may lawfully act upon it.
For Section 250, the key point is that the concealment is the consideration for the benefit.
Q17. What is the second prohibited consideration?
Answer:
The second is:
Screening any person from legal punishment for any offence
This means protecting someone from lawful penal consequences.
Q18. Must the person being screened be the accused?
Answer:
No.
The provision uses the words:
“any person”
Therefore, the accused may be accepting the benefit in return for screening someone else.
Q19. What is the third prohibited consideration?
Answer:
The third is:
Not proceeding against any person for the purpose of bringing him to legal punishment
This covers arrangements where the accused agrees not to take lawful steps against the offender.
Q20. What are the three prohibited bargains to remember?
Answer:
Remember:
CONCEAL
SCREEN
DO NOT PROCEED
Q21. Must the concealment actually succeed?
Answer:
No.
Because the provision also covers attempts to obtain and agreements to accept the benefit, actual successful concealment is not necessarily required.
Q22. Must the offender actually escape punishment?
Answer:
No.
The section focuses on the prohibited consideration and arrangement.
Actual escape from punishment is not stated as an essential ingredient.
Q23. Must legal proceedings actually be stopped?
Answer:
No.
An agreement to accept gratification in return for not proceeding can itself fall within the wording.
Q24. Is a formal written agreement required?
Answer:
No.
The supplied text does not require a written or formal agreement.
What matters is whether the accused accepted, attempted to obtain, or agreed to accept the benefit in consideration of the prohibited conduct.
Q25. Is corruptly or dishonestly acting an express ingredient?
Answer:
No.
The supplied wording does not separately use the terms:
- Corruptly;
- Dishonestly;
- Fraudulently;
- Maliciously.
The prohibited bargain itself is central.
Q26. Is the existence of an underlying offence essential?
Answer:
Yes.
The concealment, screening, or non-proceeding must relate to:
An offence
The seriousness of that offence determines the punishment under Section 250.
Q27. Why is the punishment for the underlying offence important?
Answer:
Because Section 250 uses a graded punishment structure.
The punishment for accepting the benefit depends on whether the underlying offence is punishable with:
- Death;
- Life imprisonment or up to ten years; or
- A lower term.
Q28. What is the punishment under clause (a)?
Answer:
If the underlying offence is punishable with:
Death
the offender under Section 250 may be punished with:
- Imprisonment of either description up to 7 years; and
- Shall also be liable to fine.
Memory
DEATH → 7 YEARS + FINE
Q29. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q30. What is the punishment under clause (b)?
Answer:
If the underlying offence is punishable with:
- Imprisonment for life; or
- Imprisonment which may extend to ten years,
the offender may be punished with:
- Imprisonment of either description up to 3 years; and
- Shall also be liable to fine.
Memory
LIFE / 10 YEARS → 3 YEARS + FINE
Q31. What is the punishment under clause (c)?
Answer:
If the underlying offence is punishable with imprisonment not extending to ten years, the punishment is:
- Imprisonment of the description provided for that offence;
- For a term up to one-fourth of the longest term of imprisonment provided for the offence;
- Or fine;
- Or both.
Q32. What is the one-fourth rule?
Answer:
Under clause (c):
Maximum Section 250 imprisonment = ¼ of the longest imprisonment prescribed for the underlying offence
Q33. Give an example where the underlying offence carries eight years.
Answer:
If the underlying offence carries a maximum of eight years:
¼ × 8 years = 2 years
Therefore, the maximum imprisonment under clause (c) would be two years.
Q34. What if the underlying offence carries four years?
Answer:
One-fourth of four years is:
1 year
Q35. What if the underlying offence carries two years?
Answer:
One-fourth of two years is:
6 months
Q36. Does clause (c) preserve the type of imprisonment of the underlying offence?
Answer:
Yes.
The text provides:
“imprisonment of the description provided for the offence”
So the type of imprisonment follows the underlying offence.
Q37. What is the punishment ladder for Section 250?
Answer:
Remember:
DEATH → 7
LIFE / 10 → 3
BELOW 10 → ¼
Q38. What exception applies to Section 250?
Answer:
The exception is stated in Section 251 and expressly applies to both Sections 250 and 251.
It provides that these sections do not extend to a case where:
The offence may lawfully be compounded
Q39. Why is lawful compounding important?
Answer:
The law distinguishes between:
- An unlawful bargain to suppress punishment; and
- A settlement which the law itself permits.
If the offence is lawfully compoundable, the exception applies.
Q40. Does every private settlement fall within the compounding exception?
Answer:
No.
The exception applies only where the offence:
May lawfully be compounded
A private settlement by itself is not enough unless the law permits compounding.
Q41. Give an example of accepting gratification to conceal an offence.
Answer:
Suppose A knows that B has committed an offence.
A agrees to accept money from B in return for keeping the offence secret.
Section 250 may apply.
Q42. Give an example of accepting restitution of property.
Answer:
Suppose A has lost property because of an offence.
A agrees to accept the return of the property in exchange for not proceeding against the offender.
If the compounding exception does not apply, Section 250 may be attracted.
Q43. Give an example where the benefit goes to a third person.
Answer:
Suppose A agrees not to proceed against B if B gives money to A's relative.
Because Section 250 covers gratification:
“for himself or any other person”
the third-person benefit may still fall within the section.
Q44. Give an example of an attempt to obtain.
Answer:
Suppose A demands money from B and says that, if paid, A will conceal B's offence.
B refuses to pay.
Because Section 250 expressly includes an attempt to obtain, actual payment is not essential.
Q45. Give an example involving screening another person.
Answer:
Suppose A agrees to accept money from C in return for helping prevent B from being legally punished for an offence.
Section 250 may apply.
Q46. Must the accused be the victim of the underlying offence?
Answer:
No.
The section applies broadly to whoever accepts or seeks the prohibited benefit.
Q47. Must the person giving the benefit be the offender?
Answer:
No.
A third party may provide the gratification or restitution.
The essential question is whether the benefit is accepted in consideration of concealment, screening, or non-prosecution.
Q48. Is actual restitution of property always necessary?
Answer:
No.
Restitution is only one form of consideration.
Gratification is an alternative.
Q49. Is the title “Taking gift” narrower than the actual provision?
Answer:
Yes.
For examination purposes, always remember the operative text.
Section 250 covers:
- Gratification;
- Restitution of property;
- Acceptance;
- Attempt to obtain;
- Agreement to accept.
So it is wider than the word “gift” might initially suggest.
Q50. What is the classification of Section 250(a)?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Magistrate of the First Class
Q51. What is the classification of Section 250(b)?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Magistrate of the First Class
Q52. What is the classification of Section 250(c)?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Magistrate of the First Class
Q53. What is the common classification of Section 250?
Answer:
All three clauses are:
COGNIZABLE + BAILABLE + MAGISTRATE FIRST CLASS
Memory
C + B + MFC
Q54. How does Section 250 differ from Section 251?
Answer:
This is one of the most important distinctions.
Section 250
The accused:
ACCEPTS / SEEKS / AGREES TO ACCEPT
the benefit.
Section 251
The accused:
GIVES / OFFERS / AGREES TO GIVE
the benefit.
Memory
250 = TAKE
251 = GIVE
Q55. What is common to Sections 250 and 251?
Answer:
Both concern a prohibited bargain relating to:
- Concealing an offence;
- Screening a person from punishment;
- Not proceeding against a person.
Both also use the seriousness of the underlying offence to determine punishment.
Q56. What is another common feature of Sections 250 and 251?
Answer:
Both are subject to the same exception:
They do not apply where the offence may lawfully be compounded.
Q57. What is the key difference in classification between Sections 250 and 251 according to the supplied text?
Answer:
According to the supplied classifications:
Section 250
Cognizable + Bailable + Magistrate First Class
Section 251
Non-cognizable + Bailable + Magistrate First Class
This is an important exam distinction.
Memory
250 = C
251 = NC
Q58. How does Section 250 differ from Section 252?
Answer:
Section 250
The accused takes gratification or restitution in consideration of:
- Concealment;
- Screening;
- Non-prosecution.
Section 252
The accused takes gratification for helping recover movable property, but fails to use all means in his power to cause:
- Apprehension; and
- Conviction of the offender.
Memory
250 = TAKE TO SCREEN
252 = TAKE TO RECOVER
Q59. How does Section 250 differ from Section 253?
Answer:
Section 250
Concerns accepting a benefit in exchange for protecting an offender.
Section 253
Concerns physically or otherwise harbouring or concealing an escapee or person whose apprehension has been ordered.
Memory
250 = BARGAIN
253 = HARBOUR/CONCEAL
Q60. Does Section 250 contain a spouse exception?
Answer:
No spouse exception appears in the supplied provision.
The relevant exception applying to Section 250 is the one concerning:
Lawfully compoundable offences
Q61. What is the easiest exam test for Section 250?
Answer:
Ask:
1. Did the accused accept, attempt to obtain, or agree to accept a benefit?
2. Was the benefit:
o Gratification; or
o Restitution of property?
3. Was it for himself or another person?
4. Was it in consideration of:
o Concealing an offence;
o Screening a person;
o Not proceeding against a person?
5. What punishment is attached to the underlying offence?
6. Is the underlying offence lawfully compoundable?
If the prohibited bargain exists and the exception does not apply, Section 250 may be attracted.
Q62. What is the shortest memory formula?
Answer:
“TAKE A BENEFIT TO BUY SILENCE OR SHIELD AN OFFENDER = 250.”
Key Provisions (Study Notes)
1. General Offender
The section applies to:
WHOEVER
2. Three Modes of Obtaining the Benefit
The accused:
- Accepts;
- Attempts to obtain;
- Agrees to accept.
Memory
ACCEPT – ATTEMPT – AGREE
3. Nature of Benefit
The benefit may be:
- Gratification; or
- Restitution of property.
4. Beneficiary
The benefit may be for:
- The accused himself; or
- Any other person.
Memory
SELF OR OTHER
5. First Prohibited Bargain
CONCEAL THE OFFENCE
6. Second Prohibited Bargain
SCREEN ANY PERSON FROM LEGAL PUNISHMENT
7. Third Prohibited Bargain
DO NOT PROCEED TO BRING PERSON TO LEGAL PUNISHMENT
Three-Bargain Memory
CONCEAL – SCREEN – DO NOT PROCEED
Punishment Study Notes
Clause (a): Death-Punishable Underlying Offence
Punishment:
- Imprisonment of either description up to 7 years;
- Fine also.
Memory
DEATH → 7
Clause (b): Life or Up to 10-Year Underlying Offence
Punishment:
- Imprisonment of either description up to 3 years;
- Fine also.
Memory
LIFE / 10 → 3
Clause (c): Lower-Punishment Underlying Offence
Punishment:
- Imprisonment of same description as underlying offence;
- Up to ¼ of longest term;
- Or fine;
- Or both.
Memory
BELOW 10 → ¼
Exception Study Notes
Although stated in Section 251, the supplied exception expressly applies to both:
SECTIONS 250 AND 251
They do not extend to a case where:
THE OFFENCE MAY LAWFULLY BE COMPOUNDED
Difference Between Section 250 and Section 251
Section 250 — Receiving Side
The accused:
- Accepts;
- Attempts to obtain;
- Agrees to accept.
Memory
250 = TAKE
Section 251 — Giving Side
The accused:
- Gives;
- Causes;
- Offers;
- Agrees to give;
- Restores property.
Memory
251 = GIVE
Classification Difference
According to the supplied text:
250 = COGNIZABLE
251 = NON-COGNIZABLE
Both are:
- Bailable;
- Magistrate First Class.
Quick Revision Notes
Section
250 BNS
Title
Taking gift, etc., to screen an offender from punishment
IPC Equivalent
213 IPC
Offender
Any person.
Act
Accepts, attempts to obtain, or agrees to accept.
Benefit
- Gratification; or
- Restitution of property.
Beneficiary
Self or any other person.
Consideration
- Conceal offence;
- Screen person from legal punishment;
- Do not proceed against person to bring him to punishment.
Punishment
- Death offence → 7 years + fine
- Life/10-year offence → 3 years + fine
- Lower category → ¼ maximum / fine / both
Exception
Lawfully compoundable offence.
Classification
Cognizable + Bailable + Magistrate First Class
IPC Equivalent
Section 213 IPC
BNS Change
Provision rearranged into clauses.
Exam Traps
Trap 1 — Thinking actual receipt is essential
Incorrect.
The section also covers:
- Attempt to obtain;
- Agreement to accept.
Trap 2 — Thinking the benefit must be money
Incorrect.
The section covers:
- Gratification; and
- Restitution of property.
Trap 3 — Thinking the benefit must go to the accused
Incorrect.
It may be for:
Any other person
Trap 4 — Forgetting concealment of offence itself
The section covers not only screening an offender but also:
Concealing the offence
Trap 5 — Forgetting non-prosecution
Agreement not to proceed against a person to bring him to legal punishment is expressly included.
Trap 6 — Thinking the offender must actually escape punishment
Incorrect.
The prohibited bargain is the key.
Trap 7 — Forgetting punishment depends on the underlying offence
Section 250 does not provide one uniform maximum.
Trap 8 — Forgetting the one-fourth rule
For clause (c):
¼ OF LONGEST TERM
Trap 9 — Confusing Sections 250 and 251
Remember:
250 = TAKE
251 = GIVE
Trap 10 — Missing the classification difference
According to the supplied text:
250 = COGNIZABLE
251 = NON-COGNIZABLE
Trap 11 — Forgetting lawful compounding
Sections 250 and 251 do not apply where the offence may:
Lawfully be compounded
Trap 12 — Adding a spouse exception
No spouse exception is supplied for Section 250.
Rapid Revision Chain: Sections 250–265
250
Accept/seek benefit to conceal offence, screen offender or avoid proceedings.
Memory
TAKE TO SCREEN
251
Give/offer benefit to obtain concealment, screening or non-prosecution.
Memory
GIVE TO SCREEN
252
Take gratification to recover movable property but fail to pursue apprehension and conviction.
Memory
TAKE TO RECOVER
253
Harbour or conceal escapee/wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers/dacoits to facilitate or screen.
Memory
HARBOUR ROBBERS/DACOITS
255
Public servant knowingly disobeys legal direction to save person/reduce punishment/save property.
Memory
DISOBEY LAW
256
Public servant knowingly frames incorrect official record for prohibited purposes.
Memory
FALSE RECORD
257
Public servant corruptly or maliciously makes judicial report/order/verdict/decision knowing it contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Person with legal authority corruptly or maliciously commits or keeps a person confined knowing it contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally omits apprehension or facilitates escape concerning a person charged with or liable to be apprehended for an offence.
Memory
CHARGED / LIABLE TO APPREHENSION
260
Public servant intentionally omits apprehension or facilitates escape concerning a person under sentence of Court or lawfully committed to custody.
Memory
SENTENCED / LAWFULLY COMMITTED
261
Public servant negligently suffers escape from lawful confinement.
Memory
NEGLIGENT ESCAPE
262
Person resists own lawful apprehension or escapes/attempts escape.
Memory
SELF
263
Person resists lawful apprehension of another or rescues/attempts rescue.
Memory
ANOTHER
264
Residual public-servant omission to apprehend or sufferance of escape.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance, obstruction, escape or rescue.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 250
ACCEPT
OR
ATTEMPT TO OBTAIN
OR
AGREE TO ACCEPT
+
GRATIFICATION / RESTITUTION OF PROPERTY
FOR SELF OR ANOTHER
+
IN CONSIDERATION OF
CONCEAL OFFENCE
OR
SCREEN PERSON FROM PUNISHMENT
OR
NOT PROCEED TO BRING PERSON TO PUNISHMENT
= SECTION 250
Best Comparison Memory
250 = TAKE TO SCREEN
251 = GIVE TO SCREEN
252 = TAKE TO RECOVER
253 = HIDE WANTED PERSON
254 = HARBOUR ROBBERS/DACOITS
Shortest Memory Rule
“TAKE A BENEFIT IN RETURN FOR CONCEALING OR SHIELDING AN OFFENDER = 250.”
Key Takeaway
Section 250 BNS targets the receiving side of an unlawful arrangement to suppress an offence or protect an offender.
A person may be liable if he:
- Accepts;
- Attempts to obtain; or
- Agrees to accept
gratification or restitution of property, for himself or another person, in exchange for:
- Concealing an offence;
- Screening a person from legal punishment; or
- Not proceeding against a person to bring him to legal punishment.
Punishment depends on the underlying offence:
Death → up to 7 years + fine
Life / 10 years → up to 3 years + fine
Lower category → up to one-fourth of the longest imprisonment, or fine, or both
According to the supplied classification, all three clauses are:
Cognizable + Bailable + Triable by Magistrate of the First Class.
According to the supplied comments:
Section 250 BNS = Section 213 IPC
and the provision remains substantively unchanged, though rearranged into clauses.
The exception stated with Section 251 expressly applies to Section 250 as well:
No application where the offence may lawfully be compounded.
Final Memory Line
“250 = ACCEPT/SEEK BENEFIT + CONCEAL/SCREEN/DO NOT PROCEED + PUNISHMENT BASED ON UNDERLYING OFFENCE.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 251: Offering Gift or Restoration of Property in Consideration of Screening Offender
Introduction
Section 251 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the person who offers the consideration in an arrangement designed to suppress an offence, protect an offender from legal punishment, or prevent proceedings intended to bring an offender to punishment.
The consideration may consist of:
- Giving gratification;
- Causing gratification to be given;
- Offering gratification;
- Agreeing to give or cause gratification; or
- Restoring, or causing the restoration of, property.
The critical feature is that the gratification or restoration is given in consideration of the other person:
- Concealing an offence;
- Screening someone from legal punishment; or
- Not proceeding against someone for the purpose of bringing him to legal punishment.
The punishment depends on the seriousness of the underlying offence.
Basic Formula
GIVE/OFFER GRATIFICATION OR RESTORE PROPERTY + BARGAIN TO CONCEAL OFFENCE / SCREEN OFFENDER / NOT PROCEED = SECTION 251
Q1. What does Section 251 provide?
Answer:
Section 251 punishes a person who:
- Gives, causes, offers, or agrees to give or cause any gratification to another person; or
- Restores or causes restoration of property to another person;
and does so in consideration of that person:
- Concealing an offence;
- Screening any person from legal punishment for an offence; or
- Not proceeding against any person for the purpose of bringing that person to legal punishment.
Q2. What is the object of Section 251?
Answer:
The object is to prevent private bargains designed to interfere with the criminal justice process.
A person should not be able to buy silence, buy protection for an offender, or restore property in exchange for an agreement that the victim or another person will not pursue lawful punishment.
Core Principle
Justice cannot lawfully be traded away through gratification or restoration of property, except where the offence may lawfully be compounded.
Q3. Which IPC provision corresponds to Section 251 BNS?
Answer:
According to the supplied comments:
Section 251 BNS = Section 214 IPC
Q4. Has Section 251 substantively changed under BNS?
Answer:
According to the supplied comments, the language remains unchanged.
The principal drafting change is that the paragraphs have been:
Rearranged into clauses
Q5. Who can commit the offence under Section 251?
Answer:
The section begins with:
“Whoever”
Therefore, this is a general offence.
It is not confined to:
- Public servants;
- Offenders themselves;
- Particular relatives; or
- Any special category of persons.
Q6. What are the essential ingredients of Section 251?
Answer:
The main ingredients are:
- The accused gives, causes, offers, or agrees to give or cause gratification, or restores or causes restoration of property;
- The gratification or restoration is given to another person;
- It is given in consideration of that person's agreement or conduct concerning an offence;
- The consideration is that the person will:
- Conceal the offence;
- Screen someone from legal punishment; or
- Not proceed against someone to bring him to legal punishment;
- The underlying offence must determine the punishment applicable under clauses (a), (b), or (c);
- The compounding exception must not apply.
Formula
CONSIDERATION + GRATIFICATION/RESTORATION + SUPPRESSION/SCREENING/NON-PROSECUTION = 251
Q7. What forms of gratification-related conduct are covered?
Answer:
The wording is very broad.
It covers a person who:
- Gives gratification;
- Causes gratification to be given;
- Offers gratification;
- Agrees to give gratification;
- Agrees to cause gratification to be given.
Memory
GIVE – CAUSE – OFFER – AGREE
Q8. Must gratification actually be paid?
Answer:
No.
The provision expressly covers:
- An offer; and
- An agreement to give.
Therefore, actual transfer of the gratification is not always necessary.
Q9. Does Section 251 cover restoration of property?
Answer:
Yes.
The accused may also:
- Restore property; or
- Cause property to be restored.
This is an important part of the provision.
Q10. Why does the section specifically mention restoration of property?
Answer:
Because an offender or another person may attempt to persuade a victim not to pursue criminal action by returning the property.
Section 251 prevents the restoration of property from being used as the price of:
- Concealment;
- Screening;
- Non-prosecution.
Q11. Is merely returning property automatically an offence?
Answer:
No.
Restoration becomes relevant under Section 251 only where it is done:
“in consideration of”
one of the prohibited forms of protection from criminal liability.
Q12. What does “in consideration of” mean in Section 251?
Answer:
It signifies a bargain or exchange.
The gratification or restoration is offered or given in return for the other person's agreement or conduct.
In simple terms:
“I give you this, and in return you conceal, protect, or do not proceed.”
Q13. What is the first prohibited consideration?
Answer:
The first is:
Concealing an offence
The gratification or restoration must not be used as consideration for suppressing the existence or circumstances of an offence.
Q14. What does “concealing an offence” mean in practical terms?
Answer:
It refers to keeping the offence hidden or suppressing information about it.
For Section 251, the key issue is that the gratification or property restoration is offered or given in consideration of such concealment.
Q15. What is the second prohibited consideration?
Answer:
The second is:
Screening any person from legal punishment for any offence
This means protecting a person from lawful penal consequences.
Q16. Must the person being screened be the person who gives the gratification?
Answer:
No.
The wording refers to:
“any person”
Therefore, the accused may be offering gratification to protect:
- Himself; or
- Another person.
Q17. What is the third prohibited consideration?
Answer:
The third is that the recipient:
Does not proceed against any person for the purpose of bringing him to legal punishment
This targets bargains aimed at stopping legal proceedings or action against the offender.
Q18. What are the three prohibited bargains to remember?
Answer:
Remember:
- CONCEAL OFFENCE
- SCREEN PERSON
- DO NOT PROCEED
Memory
CONCEAL – SCREEN – STOP PROCEEDINGS
Q19. Does the person actually have to succeed in concealing the offence?
Answer:
The section focuses on the gratification or restoration being given, offered, or agreed in consideration of concealment.
Therefore, actual ultimate success of the concealment is not made an express ingredient.
Q20. Must the offender actually escape punishment?
Answer:
No.
The bargain itself may be sufficient where the other statutory ingredients are established.
Q21. Must proceedings actually be abandoned?
Answer:
Not necessarily.
Because the provision expressly covers an offer or agreement to give gratification, liability is not necessarily dependent upon the final success of the arrangement.
Q22. Is the section concerned only with money?
Answer:
No.
The statutory expression is:
“any gratification”
and the section separately includes:
Restoration of property
Therefore, it should not be reduced simply to payment of cash.
Q23. Is corruptly or dishonestly acting an express ingredient?
Answer:
The supplied wording does not separately use the expressions:
- Corruptly;
- Dishonestly;
- Fraudulently;
- Maliciously.
The statutory focus is the prohibited bargain embodied in the consideration.
Q24. Is the existence of an underlying offence essential?
Answer:
Yes.
The concealment, screening, or non-proceeding must relate to:
An offence
The punishment under Section 251 is then graded according to how severely that underlying offence is punishable.
Q25. Why is the underlying offence important?
Answer:
Because Section 251 does not prescribe one uniform maximum punishment.
Instead, punishment depends on the punishment attached to the offence being concealed or for which the offender is being screened.
Q26. How is punishment structured under Section 251?
Answer:
There are three punishment categories:
- Clause (a) — underlying offence punishable with death;
- Clause (b) — underlying offence punishable with life imprisonment or imprisonment up to ten years;
- Clause (c) — underlying offence punishable with imprisonment not extending to ten years.
Q27. What is the punishment under clause (a)?
Answer:
Where the underlying offence is punishable with:
Death
the accused may be punished with:
- Imprisonment of either description up to seven years; and
- Shall also be liable to fine.
Memory
DEATH → 7 YEARS + FINE
Q28. Is the imprisonment under clause (a) necessarily rigorous?
Answer:
No.
The provision states:
Imprisonment of either description
Therefore, it may be simple or rigorous imprisonment.
Q29. What is the punishment under clause (b)?
Answer:
If the underlying offence is punishable with:
- Imprisonment for life; or
- Imprisonment which may extend to ten years,
the punishment is:
- Imprisonment of either description up to three years; and
- Liability to fine.
Memory
LIFE / 10 YEARS → 3 YEARS + FINE
Q30. Is fine expressly linked with clause (b)?
Answer:
Yes.
The provision states that the offender:
“shall also be liable to fine.”
Q31. What is the punishment under clause (c)?
Answer:
If the underlying offence is punishable with imprisonment not extending to ten years, the punishment is:
- Imprisonment of the description provided for the underlying offence;
- For a term up to one-fourth of the longest term of imprisonment provided for that offence;
- Or fine;
- Or both.
Q32. What is the main calculation rule under clause (c)?
Answer:
Maximum Section 251 imprisonment = ¼ of the maximum imprisonment for the underlying offence
subject to the wording of clause (c).
Q33. Give an example of the one-fourth rule where the underlying maximum is eight years.
Answer:
If the underlying offence carries a maximum of eight years:
¼ × 8 years = 2 years
Therefore, the maximum imprisonment under clause (c) would be:
2 years
Q34. What if the underlying offence carries four years?
Answer:
One-fourth of four years is:
1 year
Q35. What if the underlying offence carries two years?
Answer:
One-fourth of two years is:
6 months
Q36. Does clause (c) preserve the description of imprisonment of the underlying offence?
Answer:
Yes.
It expressly provides:
“imprisonment of the description provided for the offence”
Therefore, the type of imprisonment follows the underlying offence.
Q37. What is the punishment ladder to remember?
Answer:
DEATH → 7 YEARS
LIFE / 10 YEARS → 3 YEARS
BELOW 10 YEARS → ¼ OF MAXIMUM
Q38. What is the exception to Section 251?
Answer:
Section 251 does not apply where:
The offence may lawfully be compounded
Q39. Does the exception also apply to Section 250?
Answer:
Yes.
The text expressly provides that:
The provisions of Section 251 and Section 250 do not extend to a case where the offence may lawfully be compounded.
This is an important connection between the two sections.
Q40. Why is lawful compounding excluded?
Answer:
The section distinguishes between:
- An unlawful private bargain intended to shield an offender; and
- A settlement which the law itself permits through lawful compounding.
If the offence is legally compoundable, the statutory exception applies.
Q41. Does every private settlement automatically fall within the exception?
Answer:
No.
The exception applies only where:
The offence may lawfully be compounded
The fact that the parties privately agree to settle is not by itself sufficient.
Q42. Give an example of offering gratification to conceal an offence.
Answer:
Suppose A commits an offence.
A offers B money on the condition that B will conceal the offence from the authorities.
If the offence is not protected by the compounding exception, Section 251 may apply.
Q43. Give an example of restoring property to screen an offender.
Answer:
Suppose property belonging to B has been unlawfully taken.
A returns the property to B on the condition that B will help prevent C from being legally punished for the offence.
Section 251 may apply.
Q44. Give an example involving non-prosecution.
Answer:
Suppose A offers B a valuable benefit in return for B agreeing not to proceed against C for the purpose of bringing C to legal punishment.
Section 251 may apply.
Q45. Give an example involving the offender offering the benefit himself.
Answer:
Suppose A commits an offence and offers the victim gratification on condition that the victim does not pursue A's legal punishment.
Section 251 may apply because the section can cover the person seeking to protect himself.
Q46. Give an example involving a third party.
Answer:
Suppose C commits an offence.
C's associate A offers the victim money in return for the victim agreeing not to proceed against C.
A may potentially fall within Section 251 even though A did not commit the original offence.
Q47. Give an example where the section may not apply because of the compounding exception.
Answer:
Suppose the underlying offence is one which may legally be compounded and the parties enter into a lawful compounding arrangement.
The express exception states that Sections 250 and 251 do not extend to such a case.
Q48. Must the person giving the gratification be the original offender?
Answer:
No.
The section begins with “whoever.”
A third person may offer the consideration in order to screen another person from punishment.
Q49. Must the recipient be the victim?
Answer:
No.
The provision refers broadly to:
“any person”
The relevant person is one whose concealment, screening, or decision not to proceed forms the consideration for the gratification or restoration.
Q50. Must the gratification be accepted by the recipient?
Answer:
Not necessarily for every mode of Section 251.
The provision expressly covers:
Offering
and
Agreeing to give
gratification.
Therefore, actual completed payment is not always essential.
Q51. Must property actually be restored?
Answer:
The property-restoration branch refers to a person who:
- Restores; or
- Causes restoration.
Unlike the gratification branch, the supplied wording does not separately say “offers to restore.”
Therefore, the precise statutory language should be remembered.
Q52. Why is Section 251 important for examination purposes?
Answer:
Because it combines three distinct ideas:
- The consideration — gratification or restoration;
- The bargain — conceal, screen, or do not proceed;
- The punishment calculation — determined by the underlying offence.
Q53. What is the classification of Section 251(a)?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Magistrate of the First Class
Q54. What is the classification of Section 251(b)?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Magistrate of the First Class
Q55. What is the classification of Section 251(c)?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Magistrate of the First Class
Q56. What is the common classification for Section 251?
Answer:
All three supplied clauses are:
NON-COGNIZABLE + BAILABLE + MAGISTRATE FIRST CLASS
Memory
NC + B + MFC
Q57. How does Section 251 differ from Section 252?
Answer:
This is a major examination distinction.
Section 251
The accused:
GIVES / OFFERS THE CONSIDERATION
to persuade another person to:
- Conceal the offence;
- Screen the offender; or
- Not proceed against the offender.
Section 252
The accused:
TAKES / AGREES / CONSENTS TO TAKE GRATIFICATION
for helping recover movable property and fails to use all means to cause the offender's apprehension and conviction.
Memory
251 = GIVE
252 = TAKE
Q58. What is the simplest distinction between Sections 251 and 252?
Answer:
Section 251 = OFFERING SIDE
Section 252 = RECEIVING SIDE IN PROPERTY-RECOVERY ARRANGEMENT
Q59. Does Section 251 require movable property in every case?
Answer:
No.
Gratification alone may be the consideration.
Property restoration is an alternative mode.
This differs from Section 252, which expressly concerns recovery of movable property.
Q60. How does Section 251 differ from Section 253?
Answer:
Section 251
The accused offers consideration for:
- Concealment;
- Screening;
- Non-prosecution.
Section 253
The accused physically or otherwise:
- Harbours; or
- Conceals
an escapee or person whose apprehension has been ordered, intending to prevent apprehension.
Memory
251 = BUY PROTECTION
253 = PROVIDE PROTECTION
Q61. Does Section 251 contain a spouse exception?
Answer:
No spouse exception appears in the supplied text.
Instead, its specific exception concerns:
Lawfully compoundable offences
Q62. What is the key relationship between Sections 250 and 251?
Answer:
The supplied exception expressly applies to both provisions.
Therefore:
SECTION 250 + SECTION 251 → NO APPLICATION WHERE OFFENCE MAY LAWFULLY BE COMPOUNDED
Q63. What is the easiest exam test for Section 251?
Answer:
Ask:
- Was gratification given, caused, offered, or agreed to be given?
- Alternatively, was property restored or caused to be restored?
- Was this consideration for:
- Concealing an offence;
- Screening someone from punishment; or
- Not proceeding against someone?
- What punishment applies to the underlying offence?
- Is the offence lawfully compoundable?
If the prohibited bargain exists and the exception does not apply, Section 251 may be attracted.
Q64. What is the shortest memory formula?
Answer:
“GIVE BENEFIT TO BUY SILENCE OR PROTECTION = SECTION 251.”
Key Provisions (Study Notes)
1. General Offender
The section applies to:
WHOEVER
No special official status is required.
2. First Form of Consideration — Gratification
The accused may:
- Give;
- Cause;
- Offer;
- Agree to give;
- Agree to cause
gratification.
Memory
GIVE – CAUSE – OFFER – AGREE
3. Second Form of Consideration — Property
The accused may:
- Restore property; or
- Cause its restoration.
4. First Prohibited Bargain
The consideration is given for:
CONCEALING AN OFFENCE
5. Second Prohibited Bargain
The consideration is given for:
SCREENING ANY PERSON FROM LEGAL PUNISHMENT
6. Third Prohibited Bargain
The consideration is given for:
NOT PROCEEDING AGAINST A PERSON TO BRING HIM TO LEGAL PUNISHMENT
Three-Bargain Memory
CONCEAL
SCREEN
DO NOT PROCEED
Punishment Study Notes
Clause (a): Underlying offence punishable with death
Punishment:
- Imprisonment of either description up to 7 years;
- Liable to fine.
Memory
DEATH → 7
Clause (b): Underlying offence punishable with life or up to 10 years
Punishment:
- Imprisonment of either description up to 3 years;
- Liable to fine.
Memory
LIFE / 10 → 3
Clause (c): Underlying offence punishable below 10 years
Punishment:
- Same description of imprisonment as underlying offence;
- Up to ¼ of the longest term;
- Or fine;
- Or both.
Memory
BELOW 10 → ¼
Punishment Ladder
DEATH → 7 YEARS
LIFE / 10 → 3 YEARS
BELOW 10 → ONE-FOURTH
Exception Study Notes
Sections 250 and 251 do not extend to:
AN OFFENCE WHICH MAY LAWFULLY BE COMPOUNDED
This is a crucial examination exception.
Memory
LAWFUL COMPOUNDING = EXCEPTION
Difference Between Section 251 and Section 252
Section 251 — Giving Side
The accused:
- Gives;
- Causes;
- Offers;
- Agrees to give;
- Restores property.
The bargain is:
- Conceal offence;
- Screen offender;
- Do not proceed.
Memory
251 = GIVE TO SCREEN
Section 252 — Taking Side
The accused:
- Takes;
- Agrees;
- Consents to take gratification.
The context is:
- Helping recover movable property.
Liability arises unless he uses all means in his power to secure:
- Apprehension;
- Conviction.
Memory
252 = TAKE TO RECOVER
Quick Revision Notes
Section
251 BNS
Title
Offering gift or restoration of property in consideration of screening offender
IPC Equivalent
214 IPC
Offender
Any person.
Consideration
- Gratification; or
- Restoration of property.
Prohibited Bargain
- Conceal offence;
- Screen person from punishment;
- Do not proceed against person to bring him to punishment.
Punishment
- Death offence → up to 7 years + fine
- Life/10-year offence → up to 3 years + fine
- Below 10 years → ¼ maximum / fine / both
Exception
Lawfully compoundable offence.
Classification
Non-cognizable + Bailable + Magistrate First Class
IPC Equivalent
Section 214 IPC
BNS Change
Paragraphs rearranged into clauses.
Exam Traps
Trap 1 — Thinking only actual payment is covered
Incorrect.
Section 251 expressly includes:
- Offers;
- Agreements to give.
Trap 2 — Forgetting restoration of property
Section 251 covers both:
GRATIFICATION
and
RESTORATION OF PROPERTY
Trap 3 — Assuming restoration itself is criminal
Incorrect.
The restoration must be given in consideration of concealment, screening, or non-prosecution.
Trap 4 — Forgetting “concealing an offence”
The section is not limited to protecting a particular offender.
Concealment of the offence itself is separately covered.
Trap 5 — Forgetting non-prosecution
The recipient's agreement:
Not to proceed against a person for bringing him to legal punishment
is expressly covered.
Trap 6 — Thinking the giver must be the offender
Incorrect.
The provision says:
Whoever
A third party can make the prohibited offer.
Trap 7 — Thinking the recipient must be the victim
Incorrect.
The provision refers broadly to gratification or property given to:
Any person
Trap 8 — Forgetting the punishment depends on the underlying offence
Section 251 does not have one uniform maximum.
Trap 9 — Forgetting the one-fourth rule
For the relevant lower-punishment category:
¼ of the longest term
Trap 10 — Forgetting the compounding exception
Sections 250 and 251 do not apply where the offence may:
Lawfully be compounded
Trap 11 — Confusing Sections 251 and 252
Use this simple distinction:
251 = GIVES
252 = TAKES
Trap 12 — Adding a spouse exception
Section 251's supplied exception concerns lawful compounding, not spouses.
Rapid Revision Chain: Sections 251–265
251
Give/offer gratification or restore property to buy concealment, screening or non-prosecution.
Memory
GIVE TO SCREEN
252
Take gratification to recover movable property but fail to pursue apprehension and conviction.
Memory
TAKE TO RECOVER
253
Harbour or conceal escapee/wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers/dacoits to facilitate crime or screen them.
Memory
HARBOUR ROBBERS/DACOITS
255
Public servant knowingly disobeys legal direction to save person/reduce punishment/save property.
Memory
DISOBEY LAW
256
Public servant knowingly frames an incorrect official record for prohibited purposes.
Memory
FALSE RECORD
257
Public servant corruptly or maliciously makes a judicial report/order/verdict/decision knowing it contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Authority corruptly or maliciously commits or keeps a person confined knowing it contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally omits apprehension or facilitates escape concerning a person charged with or liable to be apprehended for an offence.
Memory
CHARGED / LIABLE TO APPREHENSION
260
Public servant intentionally omits apprehension or facilitates escape concerning a person under sentence of Court or lawfully committed to custody.
Memory
SENTENCED / LAWFULLY COMMITTED
261
Public servant negligently suffers escape from lawful confinement.
Memory
NEGLIGENT ESCAPE
262
Person resists his own lawful apprehension or escapes/attempts escape.
Memory
SELF
263
Person resists lawful apprehension of another or rescues/attempts rescue.
Memory
ANOTHER
264
Residual public-servant omission to apprehend or sufferance of escape.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance, obstruction, escape or rescue.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 251
GIVE / CAUSE / OFFER / AGREE TO GIVE GRATIFICATION
OR
RESTORE / CAUSE RESTORATION OF PROPERTY
+
IN CONSIDERATION OF
CONCEALING OFFENCE
OR
SCREENING PERSON FROM PUNISHMENT
OR
NOT PROCEEDING TO BRING PERSON TO PUNISHMENT
= SECTION 251
Exception Formula
OFFENCE LAWFULLY COMPOUNDABLE → SECTIONS 250 & 251 DO NOT APPLY
Best Comparison Memory
251 = GIVE
252 = TAKE
253 = HIDE
254 = HARBOUR ROBBERS/DACOITS
Shortest Memory Rule
“GIVE A BENEFIT TO BUY CONCEALMENT OR IMMUNITY = 251.”
Key Takeaway
Section 251 BNS punishes the person on the giving or offering side of an unlawful arrangement to suppress criminal liability.
The offender may:
- Give or offer gratification;
- Agree to give gratification;
- Cause gratification to be given; or
- Restore or cause restoration of property,
in consideration of another person:
- Concealing an offence;
- Screening someone from legal punishment; or
- Not proceeding against someone to bring him to legal punishment.
Punishment is graded according to the seriousness of the underlying offence:
Death → up to 7 years + fine
Life / 10 years → up to 3 years + fine
Lower category → up to one-fourth of the longest imprisonment, or fine, or both
All supplied clauses are:
Non-cognizable + Bailable + Triable by Magistrate of the First Class.
The important exception is:
Sections 250 and 251 do not apply where the offence may lawfully be compounded.
According to the supplied comments:
Section 251 BNS = Section 214 IPC
and the substantive wording remains unchanged, with the provision merely rearranged into clauses.
Final Memory Line
“251 = GIVE/OFFER GRATIFICATION OR RESTORE PROPERTY + CONCEAL/SCREEN/DO NOT PROCEED + COMPOUNDABLE-OFFENCE EXCEPTION.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 252: Taking Gift to Help to Recover Stolen Property, etc.
Introduction
Section 252 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a person who takes, agrees to take, or consents to take any gratification on the pretence or basis that he will help another person recover movable property lost through an offence punishable under the BNS.
The section does not punish every person who receives payment for helping recover property. The crucial feature is that the person accepts or agrees to accept gratification for helping recover the property without using all means in his power to cause the offender to be apprehended and convicted.
The provision therefore discourages private arrangements that help recover property while allowing the offender to escape the criminal process.
Basic Formula
Gratification + promise/pretence of helping recover movable property lost by offence + failure to use all means to apprehend and convict offender = Section 252
Q1. What does Section 252 provide?
Answer:
Section 252 punishes a person who:
1. Takes, agrees to take, or consents to take any gratification;
2. Does so under pretence or on account of helping another person recover movable property;
3. The movable property is property of which that person has been deprived by an offence punishable under the BNS; and
4. The accused does not use all means in his power to cause the offender:
o To be apprehended; and
o To be convicted of the offence.
Q2. What is the object of Section 252?
Answer:
The object is to prevent persons from making private bargains for recovery of property while helping the real offender avoid criminal liability.
The section protects:
- Proper investigation of offences;
- Apprehension of offenders;
- Conviction of offenders;
- Integrity of the criminal justice process.
Core Principle
A person cannot take gratification for recovering property taken by an offence while allowing the offender to escape apprehension and conviction.
Q3. Which IPC provision corresponds to Section 252 BNS?
Answer:
According to the supplied comments:
Section 252 BNS = Section 215 IPC
Q4. What change has been made in the BNS wording?
Answer:
According to the supplied comments, the language remains unchanged except that:
“Code” has been replaced by “Sanhita.”
Q5. Who can commit the offence under Section 252?
Answer:
The section uses the word:
“Whoever”
Therefore, it is a general offence and is not restricted to public servants.
Any person may potentially commit it if the statutory ingredients are satisfied.
Q6. What are the essential ingredients of Section 252?
Answer:
The essential ingredients are:
1. The accused takes, agrees to take, or consents to take gratification;
2. The gratification is taken:
o Under pretence of helping; or
o On account of helping;
3. The help relates to recovery of movable property;
4. The owner or possessor was deprived of that property by an offence punishable under the BNS;
5. The accused fails to use all means in his power to cause the offender:
o To be apprehended; and
o To be convicted.
Formula
GRATIFICATION + RECOVERY OF MOVABLE PROPERTY + PROPERTY LOST BY OFFENCE + FAILURE TO PURSUE OFFENDER = 252
Q7. What forms of acceptance are covered?
Answer:
The section is broad and covers three forms:
1. Takes
2. Agrees to take
3. Consents to take
Therefore, actual receipt of the gratification is not always necessary.
Memory
TAKE – AGREE – CONSENT
Q8. Must the accused actually receive the gratification?
Answer:
No.
The wording expressly covers a person who merely:
- Agrees to take; or
- Consents to take
the gratification.
Thus, the offence may arise even before actual payment.
Q9. What does “gratification” mean in this section?
Answer:
The section uses the broad term gratification.
For study purposes, it should not be limited only to cash. It may refer to some benefit or consideration accepted in return for the promised recovery assistance.
Q10. Must the gratification be described as a “gift”?
Answer:
No.
Although the title uses the word “gift,” the operative statutory language uses:
“any gratification”
The statutory wording is therefore more important than the shorthand title.
Q11. What does “under pretence or on account of helping” mean?
Answer:
It covers two situations:
- The person claims or represents that he will help recover the property; or
- The gratification is accepted because of actual or proposed assistance in recovering it.
Q12. Does the section require an actual promise to recover the property?
Answer:
Not necessarily in formal words.
The section is broad enough to cover gratification taken either:
- Under pretence of helping; or
- On account of helping.
Q13. What kind of property is covered?
Answer:
The provision expressly applies to:
Movable property
Q14. Does Section 252 apply to immovable property?
Answer:
On the supplied wording, no.
The section specifically refers to movable property.
Q15. Must the property have been stolen?
Answer:
Not necessarily.
The title refers to “stolen property, etc.,” but the operative provision is broader.
The property must be movable property of which a person has been deprived by:
Any offence punishable under the Sanhita
Therefore, the underlying offence need not necessarily be theft alone.
Q16. Why is the phrase “any offence punishable under this Sanhita” important?
Answer:
Because it expands the section beyond theft.
The essential question is whether the person was deprived of movable property through an offence punishable under the BNS.
Q17. Must the offence causing deprivation already be proved at the time gratification is taken?
Answer:
The section is concerned with movable property of which a person has been deprived by an offence punishable under the Sanhita.
For liability, the prosecution would need to establish the relevant underlying offence as part of the factual basis.
Q18. What is the central wrongful conduct under Section 252?
Answer:
The central wrongdoing is not merely taking gratification.
It is taking or agreeing to take gratification for helping recover property while failing to use all available means to bring the offender to justice.
Memory
RECOVER PROPERTY BUT DO NOT SHIELD OFFENDER
Q19. What must the accused do to avoid liability under the section?
Answer:
The section contains an important qualification.
The accused must use:
All means in his power
to cause the offender:
1. To be apprehended; and
2. To be convicted.
Q20. What is the significance of “all means in his power”?
Answer:
It indicates that the person accepting gratification must genuinely use the means reasonably available to him to secure lawful action against the offender.
The section does not permit him simply to recover the property and ignore the offender.
Q21. Does the person have to personally arrest the offender?
Answer:
Not necessarily.
The section requires him to use all means in his power to cause the offender to be apprehended and convicted.
This may include providing information or assistance to competent authorities.
Q22. Is merely helping apprehend the offender enough?
Answer:
The statutory wording refers to both:
- Apprehension; and
- Conviction.
Therefore, the section expects the person to use all means in his power toward both stages.
Q23. Is mere reporting to authorities automatically sufficient?
Answer:
Not necessarily in every case.
The test is whether the person used all means in his power to cause apprehension and conviction.
The adequacy of his efforts would depend on the circumstances.
Q24. Does actual conviction have to occur?
Answer:
The section does not say that the offender must actually be convicted in every case.
It says the person must use all means in his power to cause apprehension and conviction.
The emphasis is therefore on the accused's efforts, not necessarily on the final outcome of the criminal case.
Q25. What if the offender cannot be found despite genuine efforts?
Answer:
If the person has genuinely used all means in his power to cause apprehension and conviction, the statutory exception may protect him even if the offender ultimately escapes.
Q26. What if the property is recovered but the offender is deliberately allowed to escape?
Answer:
That is precisely the kind of situation Section 252 is designed to address.
If a person takes gratification for helping recover the property but deliberately avoids steps that could bring the offender to justice, Section 252 may apply.
Q27. Is corrupt motive expressly required?
Answer:
No.
The section does not expressly use terms such as:
- Corruptly;
- Fraudulently;
- Dishonestly; or
- Maliciously.
The offence is structured around the taking of gratification and the failure to use all means in one's power against the offender.
Q28. Is knowledge of the offender's identity essential?
Answer:
The provision assumes some ability to act toward the apprehension and conviction of the offender.
The exact factual proof would depend on the circumstances, but the key statutory question is whether the accused failed to use all means in his power.
Q29. Must the accused personally know where the property is?
Answer:
Not necessarily.
The section focuses on taking gratification on the basis that he will help recover the movable property.
His precise method of assistance is not specified.
Q30. Can the offence arise before the property is recovered?
Answer:
Yes.
The section punishes a person who:
- Takes;
- Agrees to take; or
- Consents to take
gratification for helping recovery.
Actual recovery is not made an express requirement.
Q31. Must the promised recovery actually succeed?
Answer:
No.
The statutory wording does not make successful recovery an essential ingredient.
Q32. Does Section 252 punish lawful rewards for recovery of property in every case?
Answer:
No.
The section is not a blanket prohibition on every reward.
Its concern is the acceptance of gratification for helping recover property unless the person uses all means in his power to cause apprehension and conviction of the offender.
Q33. Give an example of Section 252 applying.
Answer:
Suppose A's motorcycle is taken through an offence.
B tells A that, in return for payment, he can arrange for the motorcycle to be returned.
B accepts the payment, gets the motorcycle back, but deliberately refuses to reveal or assist in identifying the offender even though he could do so.
Section 252 may apply.
Q34. Give another example involving an agreement to take gratification.
Answer:
Suppose B tells A:
“I can recover your stolen goods if you pay me ₹20,000.”
A agrees.
B knows who committed the offence but intends only to recover the goods and protect the offender from authorities.
Even before actual payment, the words “agrees or consents to take” may become relevant.
Q35. Give an example where Section 252 may not apply.
Answer:
Suppose B accepts a legitimate reward for helping recover A's stolen property and then:
- Gives full information to the police;
- Helps identify the offender;
- Cooperates fully in apprehension;
- Gives evidence necessary for prosecution.
If B has used all means in his power to cause apprehension and conviction, the section's qualification may prevent liability.
Q36. What if the person merely asks for reimbursement of genuine expenses?
Answer:
The statutory question would still be whether the payment amounts to gratification taken under pretence or on account of helping recover the property and whether the other ingredients are satisfied.
The supplied text does not create a separate express exception for expenses.
Q37. What if the person takes money but has no intention or ability to recover the property at all?
Answer:
Section 252 specifically deals with taking gratification under pretence or on account of helping recover property and then failing to pursue the offender as required.
Depending on facts, other offences might also be relevant, but Section 252 should be tested strictly against its own ingredients.
Q38. Is the original owner of the property required to pay the gratification?
Answer:
Not necessarily.
The section says the accused takes gratification on account of helping any person recover movable property of which that person has been deprived.
The focus is the recovery arrangement, not the formal identity of the payer.
Q39. Can the accused be a middleman?
Answer:
Yes.
The wording is broad enough to cover a person acting as an intermediary who accepts gratification to recover property while avoiding efforts to bring the offender to justice.
Q40. Why does the law punish such conduct?
Answer:
Because allowing private recovery arrangements without pursuing the offender can:
- Encourage criminals;
- Create informal markets for return of stolen property;
- Obstruct prosecution;
- Allow repeat offending;
- Weaken the criminal justice system.
Q41. What is the punishment under Section 252?
Answer:
The punishment is:
- Imprisonment of either description up to two years; or
- Fine; or
- Both.
Q42. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
Q43. What is the maximum imprisonment?
Answer:
Two years
Q44. Is any specific maximum fine stated?
Answer:
No.
The supplied section provides:
Fine or both
without stating a specific monetary ceiling.
Q45. What is the classification of Section 252?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Magistrate of the First Class
Memory
C + B + MFC
Q46. Is Section 252 cognizable?
Answer:
Yes.
It is:
Cognizable
Q47. Is Section 252 bailable?
Answer:
Yes.
It is:
Bailable
Q48. Which Court may try the offence?
Answer:
According to the supplied classification:
Magistrate of the First Class
Q49. How does Section 252 differ from Section 253?
Answer:
Section 252
Focuses on:
- Gratification;
- Recovery of movable property;
- Failure to pursue apprehension and conviction of the offender.
Section 253
Focuses on:
- Harbouring or concealing an escapee or person ordered to be apprehended;
- Intent to prevent apprehension.
Memory
252 = TAKE REWARD FOR RECOVERY
253 = HIDE WANTED PERSON
Q50. What is the crucial difference in the act required?
Answer:
Under Section 252, the central act is:
Taking/agreement/consent to take gratification
Under Section 253, the central act is:
Harbouring or concealing
Q51. What is the crucial difference in the intention or obligation?
Answer:
Section 252 focuses on failure to use all means to secure:
- Apprehension; and
- Conviction.
Section 253 requires an actual intention:
To prevent apprehension
Q52. How does Section 252 differ from receiving stolen property?
Answer:
Section 252 is not principally about receiving the stolen property itself.
It concerns receiving or agreeing to receive gratification for helping someone recover movable property while failing to pursue the offender.
Thus:
- Receiving stolen property focuses on possession/retention of the tainted property;
- Section 252 focuses on the paid recovery arrangement.
Q53. Does Section 252 contain a spouse exception?
Answer:
No spouse exception appears in the supplied text.
This distinguishes it from Sections 253 and 254, both of which contain express spouse exceptions.
Q54. Does Section 252 contain an explanation extending it to offences outside India?
Answer:
No such explanation appears in the supplied text.
That kind of express provision appears in Section 253.
Q55. What is the easiest exam test for Section 252?
Answer:
Ask:
1. Did the accused take, agree, or consent to take gratification?
2. Was this for helping recover movable property?
3. Was the owner deprived of the property by an offence punishable under the BNS?
4. Did the accused fail to use all means in his power to cause:
o Apprehension of the offender; and
o Conviction of the offender?
If yes, Section 252 may apply.
Q56. What are the three acceptance words to remember?
Answer:
TAKES – AGREES – CONSENTS
Q57. What are the two justice-system outcomes the accused must pursue?
Answer:
APPREHENSION
and
CONVICTION
Memory
A + C
Q58. What is the key property requirement?
Answer:
The property must be:
MOVABLE PROPERTY
and the person must have been deprived of it by an offence punishable under the BNS.
Q59. What is the shortest memory formula?
Answer:
“TAKE REWARD TO RECOVER PROPERTY + DO NOT PURSUE OFFENDER = 252.”
Q60. What is the central idea of Section 252?
Answer:
The section prevents a person from making money out of a private recovery arrangement while allowing the criminal offender to remain protected.
Core Memory
RECOVER THE PROPERTY — BUT ALSO PURSUE THE OFFENDER
Key Provisions (Study Notes)
1. Offender
The section applies to:
WHOEVER
It is a general offence.
2. Three Forms of Acceptance
The person:
- Takes;
- Agrees to take;
- Consents to take
gratification.
Memory
T-A-C
3. Basis of Gratification
The gratification is taken:
- Under pretence of helping; or
- On account of helping
another person recover movable property.
4. Nature of Property
The property must be:
MOVABLE PROPERTY
5. Source of Deprivation
The person must have been deprived of the property:
BY AN OFFENCE PUNISHABLE UNDER THE BNS
This is broader than theft alone.
6. Statutory Qualification
The person must use:
ALL MEANS IN HIS POWER
to cause the offender to be:
1. Apprehended; and
2. Convicted.
Mental Element Study Notes
Section 252 does not expressly use the usual phrases:
- Dishonestly;
- Fraudulently;
- Maliciously;
- Corruptly.
Instead, its structure focuses on:
- Taking gratification for the recovery arrangement; and
- Failure to use all available means against the offender.
Memory
PAYMENT FOR RECOVERY + SHIELDING OFFENDER = LIABILITY
Difference Between Section 252 and Section 253
Section 252 — Paid Recovery
Trigger:
A person has been deprived of movable property by an offence.
Act:
- Takes;
- Agrees;
- Consents to take gratification.
Purpose/context:
Helping recover that property.
Failure:
Does not use all means to secure apprehension and conviction.
Memory
RECOVERY REWARD
Section 253 — Harbouring Wanted Person
Trigger:
- Escape from lawful custody; or
- Lawful apprehension order.
Act:
- Harbour;
- Conceal.
Intent:
Prevent apprehension.
Memory
HIDE ESCAPEE
Punishment Study Notes
Section 252 provides:
- Imprisonment of either description up to 2 years; or
- Fine; or
- Both.
Memory
252 = 2 YEARS / FINE / BOTH
Classification Study Notes
Section 252 is:
- Cognizable
- Bailable
- Triable by Magistrate of the First Class
Memory
C + B + MFC
IPC Equivalent and BNS Change
According to the supplied comments:
Section 252 BNS = Section 215 IPC
The language remains unchanged except:
“CODE” → “SANHITA”
Quick Revision Notes
Section
252 BNS
Title
Taking gift to help to recover stolen property, etc.
IPC Equivalent
215 IPC
Offender
Any person.
Act
Takes, agrees or consents to take gratification.
Purpose
Helping another recover movable property.
Underlying Fact
Property lost through an offence punishable under BNS.
Statutory Requirement
Must use all means in his power to cause offender's:
- Apprehension; and
- Conviction.
Punishment
Up to 2 years / fine / both
Classification
Cognizable + Bailable + Magistrate First Class
BNS Change
Code → Sanhita
Exam Traps
Trap 1 — Thinking only actual receipt of money is punishable
Incorrect.
The section also covers:
- Agreement to take;
- Consent to take.
Trap 2 — Restricting the section to theft
Incorrect.
The movable property may have been lost through any offence punishable under the Sanhita.
Trap 3 — Forgetting that property must be movable
The statutory wording expressly says:
Movable property
Trap 4 — Thinking successful recovery is necessary
Incorrect.
The offence can arise from taking or agreeing to take gratification even if recovery is not ultimately completed.
Trap 5 — Thinking successful conviction is mandatory
The statutory focus is on using all means in his power to cause apprehension and conviction.
Trap 6 — Forgetting both apprehension and conviction
Remember:
APPREHEND + CONVICT
Trap 7 — Assuming all rewards for recovery are automatically illegal
Incorrect.
The statutory qualification concerning use of all means to bring the offender to justice is crucial.
Trap 8 — Confusing Section 252 with receiving stolen property
Section 252 concerns gratification for recovery, not merely possession of stolen property.
Trap 9 — Confusing Section 252 with Section 253
Remember:
252 = REWARD FOR RECOVERY
253 = HARBOUR/CONCEAL WANTED PERSON
Trap 10 — Adding a spouse exception
No spouse exception appears in the supplied text of Section 252.
Rapid Revision Chain: Sections 252–265
252
Take gratification to recover movable property but fail to pursue offender.
Memory
RECOVERY REWARD
253
Harbour/conceal escapee or wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers/dacoits to facilitate or screen.
Memory
HARBOUR ROBBERS
255
Public servant knowingly disobeys law to shield person/property.
Memory
DISOBEY LAW
256
Public servant knowingly falsifies official record.
Memory
FALSE RECORD
257
Public servant corruptly/maliciously makes judicial determination contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Authority corruptly/maliciously commits or keeps person confined contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally fails regarding a person charged with or liable to apprehension for an offence.
Memory
INTENTIONAL — CHARGED/APPREHENDABLE
260
Public servant intentionally fails regarding a person under sentence of Court or lawfully committed to custody.
Memory
INTENTIONAL — SENTENCED/COMMITTED
261
Public servant negligently permits escape.
Memory
NEGLIGENCE
262
Person resists own lawful apprehension or escapes.
Memory
SELF
263
Person obstructs apprehension or rescues another.
Memory
ANOTHER
264
Residual public-servant omission or escape provision.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance, escape or rescue provision.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 252
TAKES / AGREES / CONSENTS TO TAKE GRATIFICATION
+
HELP RECOVER MOVABLE PROPERTY
+
PROPERTY LOST THROUGH BNS OFFENCE
+
FAILS TO USE ALL MEANS IN HIS POWER
TO CAUSE
APPREHENSION + CONVICTION
= SECTION 252
Shortest Memory Rule
“TAKE A REWARD TO RECOVER PROPERTY BUT SHIELD THE OFFENDER = 252.”
Key Takeaway
Section 252 BNS punishes a person who takes, agrees to take, or consents to take gratification for helping another person recover movable property of which that person has been deprived by an offence punishable under the BNS, unless the person uses all means in his power to cause the offender to be:
- Apprehended; and
- Convicted.
The provision is aimed at preventing informal property-recovery bargains that restore the property while allowing the offender to escape justice.
The punishment is:
Imprisonment of either description up to 2 years, or fine, or both.
The offence is:
Cognizable + Bailable + Triable by Magistrate of the First Class.
According to the supplied comments:
Section 252 BNS = Section 215 IPC
and the only stated drafting change is:
“Code” → “Sanhita.”
Final Memory Line
“252 = GRATIFICATION + RECOVERY OF MOVABLE PROPERTY + FAILURE TO SEEK APPREHENSION AND CONVICTION.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 253: Harbouring Offender Who Has Escaped from Custody or Whose Apprehension Has Been Ordered
Introduction
Section 253 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who knowingly harbours or conceals another person in order to prevent that person from being apprehended, where either:
- The person has escaped from lawful custody while convicted of or charged with an offence; or
- A public servant, acting lawfully, has ordered that person's apprehension for an offence.
The provision therefore focuses on post-escape or post-apprehension-order assistance.
Its core concern is not merely giving shelter, but knowingly giving shelter or concealment with the intention of preventing lawful apprehension.
Basic Formula
Escape from lawful custody / lawful apprehension order + knowledge + harbouring or concealment + intent to prevent apprehension = Section 253
Q1. What does Section 253 provide?
Answer:
Section 253 applies when:
- A person convicted of or charged with an offence:
- Is in lawful custody for that offence; and
- Escapes from that custody;
or
- A public servant, exercising lawful powers:
- Orders a certain person to be apprehended for an offence;
and another person:
- Knows of that escape or apprehension order;
- Harbours or conceals the person; and
- Does so with the intention of preventing that person from being apprehended.
Q2. What is the object of Section 253?
Answer:
The object is to protect the administration of criminal justice by preventing people from shielding persons who:
- Have escaped from lawful custody; or
- Are lawfully ordered to be apprehended.
The provision discourages deliberate interference with lawful arrest and custody.
Core Principle
A person must not knowingly shelter or conceal an escapee or wanted person in order to prevent lawful apprehension.
Q3. Which IPC provision corresponds to Section 253 BNS?
Answer:
According to the supplied comments:
Section 253 BNS = Section 216 IPC
Q4. Has Section 253 changed substantively under BNS?
Answer:
According to the supplied comments, the language remains substantially unchanged.
However:
- The provision has been rearranged into clauses and an explanation; and
- The words “husband and wife” in the exception have been replaced by the gender-neutral term “spouse.”
Q5. Who can commit the offence under Section 253?
Answer:
The section uses the word:
“Whoever”
Therefore, the offence is not confined to public servants.
Any person may potentially commit Section 253 if the statutory ingredients are satisfied.
Q6. What are the essential ingredients of Section 253?
Answer:
The essential ingredients are:
- The person harboured must:
- Have escaped from lawful custody while convicted of or charged with an offence; or
- Be a person whose apprehension has been lawfully ordered by a public servant;
- The accused must know of:
- The escape; or
- The apprehension order;
- The accused must:
- Harbour; or
- Conceal
- that person;
- The accused must intend to prevent that person from being apprehended;
- The spouse exception must not apply.
Formula
ESCAPEE/WANTED PERSON + KNOWLEDGE + HARBOUR/CONCEAL + INTENT TO PREVENT APPREHENSION = 253
Q7. What are the two situations covered by Section 253?
Answer:
There are two principal situations.
First Situation
A person:
- Is convicted of or charged with an offence;
- Is in lawful custody for that offence;
- Escapes from custody.
Second Situation
A public servant:
- Acts within lawful powers;
- Orders a certain person to be apprehended for an offence.
Memory
ESCAPE OR ORDER
Q8. What is required in the escape branch?
Answer:
The person must:
- Be convicted of or charged with an offence;
- Be in lawful custody for that offence; and
- Escape from that lawful custody.
Q9. Is lawful custody essential?
Answer:
Yes.
The section expressly refers to:
“lawful custody”
Therefore, the lawfulness of the custody is an important statutory ingredient in the escape branch.
Q10. Must the person have been convicted?
Answer:
No.
The wording covers a person:
- Convicted of an offence; or
- Charged with an offence.
Q11. Must the escape actually occur?
Answer:
Yes, for the escape branch.
The person must have escaped from lawful custody.
Q12. What is required in the apprehension-order branch?
Answer:
A public servant must:
- Act in exercise of lawful powers; and
- Order a certain person to be apprehended for an offence.
Q13. Is any arrest order sufficient?
Answer:
No.
The section requires the order to arise from:
The lawful exercise of the public servant's powers
Q14. Must the person already be in custody in the apprehension-order branch?
Answer:
No.
That branch specifically deals with a person who is to be apprehended pursuant to a lawful order.
Q15. What knowledge must the accused have?
Answer:
The accused must know of:
- The escape from custody; or
- The order for apprehension.
Memory
KNOW THE ESCAPE OR KNOW THE ORDER
Q16. Is mere suspicion enough?
Answer:
The statutory wording expressly requires:
Knowing
of the escape or order for apprehension.
Therefore, the prosecution must establish the required knowledge.
Q17. What conduct by the accused is punishable?
Answer:
The accused must:
- Harbour; or
- Conceal
the relevant person.
Q18. What does “harbour” mean in practical terms?
Answer:
In practical terms, harbouring may involve providing:
- Shelter;
- Refuge;
- Protection;
- A safe place to remain.
The essential point is that the assistance is directed toward keeping the person away from lawful apprehension.
Q19. What does “conceal” mean?
Answer:
It refers to hiding or keeping the person from being discovered.
The section therefore covers both:
- Providing refuge; and
- Actively hiding the person.
Memory
HARBOUR = SHELTER
CONCEAL = HIDE
Q20. Is harbouring or concealment alone sufficient?
Answer:
No.
The act must be accompanied by the specific intention:
To prevent the person from being apprehended
Q21. What is the key intention under Section 253?
Answer:
The accused must intend:
To prevent lawful apprehension
This intention is central to the offence.
Q22. Must the accused intend to help the person permanently escape justice?
Answer:
The section does not expressly require a permanent escape.
It requires the intention to prevent apprehension.
Even temporary concealment may potentially satisfy the provision if the required intention is proved.
Q23. Must the person actually avoid arrest?
Answer:
No.
The section focuses on harbouring or concealment with the required intention.
Actual success in preventing apprehension is not expressly required.
Q24. Must the accused have participated in the original offence?
Answer:
No.
Section 253 is concerned with subsequent harbouring or concealment.
The accused may be completely separate from the original offence.
Q25. Must the accused have helped with the escape itself?
Answer:
No.
The section may apply even where the accused becomes involved only after the escape, provided he knows of the escape and harbours or conceals the escapee to prevent apprehension.
Q26. Does the section apply to persons merely accused of offences?
Answer:
Yes.
The custody branch expressly covers persons:
“convicted of or charged with an offence”
Q27. How is punishment determined under Section 253?
Answer:
The punishment depends on the seriousness of the offence for which the person:
- Was in custody; or
- Was ordered to be apprehended.
The more serious the underlying offence, the greater the punishment for harbouring or concealment.
Q28. What is the punishment under clause (a)?
Answer:
If the underlying offence is punishable with death, the harbourer may be punished with:
- Imprisonment of either description up to seven years; and
- Fine.
Memory
DEATH OFFENCE → 7 YEARS + FINE
Q29. What is the punishment under clause (b)?
Answer:
If the underlying offence is punishable with:
- Imprisonment for life; or
- Imprisonment for ten years,
the punishment is:
- Imprisonment of either description up to three years;
- With or without fine.
Memory
LIFE / 10 YEARS → 3 YEARS
Q30. What is the punishment under clause (c)?
Answer:
If the underlying offence is punishable with imprisonment which may extend to:
One year and not to ten years
the harbourer may be punished with:
- Imprisonment of the description provided for the underlying offence;
- For a term up to one-fourth of the longest term provided for that offence;
- Or fine;
- Or both.
Q31. What is unusual about clause (c)?
Answer:
Clause (c) does not provide one fixed maximum term.
Instead, the punishment is calculated as:
One-fourth of the longest imprisonment prescribed for the underlying offence
Q32. Give a simple illustration of the one-fourth rule.
Answer:
Suppose the underlying offence carries a maximum imprisonment of eight years.
One-fourth of eight years is:
Two years
Therefore, under clause (c), the maximum imprisonment for harbouring would be two years, subject to the statutory wording.
Q33. What if the underlying offence carries a maximum of four years?
Answer:
One-fourth of four years is:
One year
Thus, the maximum harbouring imprisonment under clause (c) would be one year.
Q34. What if the underlying offence carries a maximum of two years?
Answer:
One-fourth of two years is:
Six months
Q35. Does clause (c) preserve the description of imprisonment of the underlying offence?
Answer:
Yes.
The text states:
“imprisonment of the description provided for the offence”
Therefore, the type of imprisonment tracks the description provided for the underlying offence.
Q36. What is the punishment ladder under Section 253?
Answer:
The easiest revision sequence is:
Death → 7 years
Life/10 years → 3 years
1 year to below 10 years → ¼ of maximum
Q37. What does the Explanation to Section 253 provide?
Answer:
The Explanation expands the meaning of “offence”.
It includes certain acts or omissions allegedly committed outside India where:
- The same conduct, if committed in India, would be punishable as an offence; and
- The person is liable under extradition law or otherwise to be apprehended or detained in India.
Such conduct is treated, for Section 253, as though committed in India.
Q38. Why is the Explanation important?
Answer:
It allows Section 253 to operate even where the underlying act or omission occurred outside India, provided the statutory conditions are satisfied.
Q39. Does the foreign act have to be punishable if committed in India?
Answer:
Yes.
The Explanation requires that the act or omission would have been punishable as an offence if committed in India.
Q40. Must the person be liable to apprehension or detention in India?
Answer:
Yes.
The Explanation further requires that the person be liable under:
- Extradition law; or
- Otherwise
to be apprehended or detained in custody in India.
Q41. What legal fiction does the Explanation create?
Answer:
For the purposes of Section 253, the foreign act or omission is deemed to be punishable as though the accused had committed it in India.
Memory
FOREIGN ACT + INDIA-PUNISHABLE + LIABLE TO APPREHENSION HERE = TREATED AS OFFENCE
Q42. What is the statutory exception?
Answer:
Section 253 does not apply where the harbouring or concealment is done by:
The spouse of the person to be apprehended
Q43. Does the spouse exception apply only to harbouring?
Answer:
The supplied text refers to:
“the harbour or concealment”
Therefore, the exception covers both harbouring and concealment by the spouse.
Q44. Does the exception apply to all relatives?
Answer:
No.
The supplied text expressly refers only to:
Spouse
It does not create a general exception for parents, siblings, children or other relatives.
Q45. What BNS drafting change was made to the exception?
Answer:
According to the supplied comments:
- The older expression “husband and wife” was replaced;
- The BNS uses “spouse.”
Q46. Give an example involving an escape from custody.
Answer:
Suppose A is charged with a serious offence and is lawfully detained.
A escapes.
B knows about the escape and hides A in a remote location intending to prevent the police from apprehending A.
Section 253 may apply.
Q47. Give an example involving a lawful apprehension order.
Answer:
Suppose a public servant lawfully orders C to be apprehended for an offence.
D knows of the order and gives C shelter intending to prevent C's arrest.
Section 253 may apply.
Q48. Give an example where knowledge is absent.
Answer:
Suppose D allows C to stay in his house but genuinely does not know that C escaped from custody or that any lawful apprehension order exists.
The required knowledge element would be absent.
Q49. Give an example where the intention is absent.
Answer:
Suppose a person knows that another is wanted but does not harbour or conceal him with the intention of preventing apprehension.
Section 253 requires proof of that specific intention.
Q50. Give an example involving a spouse.
Answer:
Suppose A escapes from lawful custody and A's spouse hides A to prevent apprehension.
The express spouse exception means Section 253 does not extend to that case.
Q51. Is financial gain necessary?
Answer:
No.
The accused need not receive money or property.
The offence depends on:
- Knowledge;
- Harbouring or concealment; and
- Intention to prevent apprehension.
Q52. Is violence necessary?
Answer:
No.
The section does not require force or violence.
Q53. Must police actually search the premises?
Answer:
No.
Actual police search is not an ingredient.
The offence centres on the prohibited harbouring or concealment and intention.
Q54. Must the accused lie to authorities?
Answer:
No.
False statements are not necessary.
Harbouring or concealing the person with the required intention is sufficient under the text.
Q55. What is the classification under Section 253?
Answer:
According to the supplied classification, clauses 253(a), (b) and (c) are:
- Cognizable
- Bailable
- Triable by Magistrate of the First Class
Memory
C + B + MFC
Q56. Is Section 253 cognizable?
Answer:
Yes.
All supplied clauses are classified as:
Cognizable
Q57. Is Section 253 bailable?
Answer:
Yes.
All supplied clauses are:
Bailable
Q58. Which Court may try Section 253?
Answer:
According to the supplied classification:
Magistrate of the First Class
Q59. How does Section 253 differ from Section 254?
Answer:
This is an important distinction.
Section 253
Deals with harbouring or concealing:
- A person who escaped from lawful custody; or
- A person whose lawful apprehension has been ordered,
with intent to prevent apprehension.
Section 254
Deals specifically with harbouring persons:
- About to commit robbery or dacoity; or
- Who recently committed robbery or dacoity,
with intent to:
- Facilitate the crime; or
- Screen them from punishment.
Memory
253 = ESCAPEE / WANTED PERSON
254 = ROBBERS / DACOITS
Q60. What is another major difference between Sections 253 and 254?
Answer:
Section 253 requires:
Intent to prevent apprehension
Section 254 requires:
Intent to facilitate robbery/dacoity or screen from punishment
Q61. How do the spouse exceptions compare?
Answer:
Both sections contain a spouse exception.
- Section 253 excludes harbouring or concealment by the spouse of the person to be apprehended.
- Section 254 excludes harbouring by the spouse of the offender.
Memory
253 & 254 = SPOUSE EXCEPTION
Q62. What is the easiest exam method for Section 253?
Answer:
Ask:
- Did the person escape from lawful custody, or was lawful apprehension ordered?
- Did the accused know of the escape or order?
- Did the accused harbour or conceal that person?
- Was the intention to prevent apprehension?
- What punishment applies based on the underlying offence?
- Does the spouse exception apply?
Q63. What is the shortest memory formula?
Answer:
“ESCAPE/ORDER + KNOWLEDGE + HARBOUR/CONCEAL + PREVENT APPREHENSION = 253.”
Key Provisions (Study Notes)
1. Two Triggering Situations
Section 253 begins when:
Situation A
A convicted or charged person escapes from lawful custody.
Situation B
A public servant lawfully orders a person to be apprehended.
Memory
ESCAPE OR ORDER
2. Knowledge
The accused must:
KNOW OF THE ESCAPE OR APPREHENSION ORDER
3. Prohibited Conduct
The accused:
HARBOURS OR CONCEALS
the person.
4. Required Intention
The purpose must be:
TO PREVENT APPREHENSION
Punishment Study Notes
Clause (a)
Underlying offence punishable with:
Death
Punishment for harbourer:
- Up to 7 years, either description;
- Fine also.
Clause (b)
Underlying offence punishable with:
Life imprisonment or 10 years
Punishment for harbourer:
- Up to 3 years, either description;
- With or without fine.
Clause (c)
Underlying offence punishable with:
1 year and not 10 years
Punishment for harbourer:
- Same description of imprisonment as underlying offence;
- Up to ¼ of longest term;
- Or fine;
- Or both.
Punishment Memory Ladder
DEATH → 7
LIFE / 10 → 3
1 TO BELOW 10 → ¼
Explanation Study Notes
“Offence” includes qualifying acts or omissions committed:
OUTSIDE INDIA
if:
- They would be offences if committed in India; and
- The person is legally liable to apprehension or detention in India.
Memory
Foreign conduct can count.
Exception Study Notes
Section 253 does not extend to harbouring or concealment by:
THE SPOUSE
According to the supplied comments, the BNS replaces the older words:
“husband and wife”
with:
“spouse”
Difference Between Section 253 and Section 254
Section 253 — Escapee / Wanted Person
Trigger:
- Escape from lawful custody; or
- Lawful apprehension order.
Act:
- Harbour or conceal.
Intent:
- Prevent apprehension.
Memory
HIDE THE WANTED PERSON
Section 254 — Robbers / Dacoits
Trigger:
- About to commit robbery/dacoity; or
- Recently committed robbery/dacoity.
Act:
- Harbour.
Intent:
- Facilitate offence; or
- Screen from punishment.
Memory
HELP OR HIDE ROBBERS/DACOITS
Quick Revision Notes
Section
253 BNS
Title
Harbouring offender who has escaped from custody or whose apprehension has been ordered
IPC Equivalent
216 IPC
Trigger
- Escape from lawful custody; or
- Lawful order of apprehension.
Knowledge
Knowledge of escape or order.
Act
Harbouring or concealment.
Intent
Prevent apprehension.
Punishment
- Death offence → 7 years + fine
- Life/10-year offence → 3 years, with/without fine
- 1 year to below 10 years → ¼ of maximum / fine / both
Explanation
Certain foreign acts or omissions included.
Exception
Spouse.
Classification
Cognizable + Bailable + Magistrate First Class
Exam Traps
Trap 1 — Forgetting the custody must be lawful
In the escape branch, lawful custody is essential.
Trap 2 — Thinking only convicted persons are covered
Incorrect.
Persons charged with an offence are also covered.
Trap 3 — Forgetting the second branch
The section also applies where a lawful order of apprehension has been made.
Trap 4 — Treating mere hospitality as sufficient
Incorrect.
There must be knowledge and intent to prevent apprehension.
Trap 5 — Forgetting concealment
The section covers both:
HARBOURING and CONCEALMENT
Trap 6 — Forgetting the one-fourth rule
Clause (c) requires calculation based on the maximum punishment of the underlying offence.
Trap 7 — Assuming a fixed punishment for every case
Incorrect.
Punishment depends on the underlying offence.
Trap 8 — Ignoring foreign offences
The Explanation can bring qualifying foreign conduct within the section.
Trap 9 — Extending the family exception beyond spouse
The express exception is limited to:
Spouse
Trap 10 — Confusing Section 253 with Section 254
Remember:
253 = ESCAPEE / APPREHENSION ORDER
254 = ROBBERY / DACOITY
Rapid Revision Chain: Sections 253–265
253
Harbour or conceal escapee/wanted person to prevent apprehension.
Memory
HIDE WANTED PERSON
254
Harbour robbers/dacoits to facilitate or screen.
Memory
HARBOUR ROBBERS/DACOITS
255
Public servant knowingly disobeys law to shield person/property.
Memory
DISOBEY LAW
256
Public servant knowingly falsifies official record.
Memory
FALSE RECORD
257
Public servant corruptly/maliciously makes judicial determination contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Authority corruptly/maliciously commits or keeps person confined contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally fails regarding charged/apprehendable person.
Memory
INTENTIONAL — CHARGED/APPREHENDABLE
260
Public servant intentionally fails regarding sentenced/lawfully committed person.
Memory
INTENTIONAL — SENTENCE/CUSTODY
261
Public servant negligently permits escape.
Memory
NEGLIGENCE
262
Person resists own apprehension or escapes.
Memory
SELF
263
Person obstructs apprehension or rescues another.
Memory
ANOTHER
264
Residual public-servant omission/escape provision.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance/escape/rescue provision.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 253
ESCAPED FROM LAWFUL CUSTODY
OR
LAWFUL ORDER OF APPREHENSION
+
KNOWLEDGE
+
HARBOUR OR CONCEAL
+
INTENT TO PREVENT APPREHENSION
= SECTION 253
Punishment Memory
DEATH → 7
LIFE / 10 → 3
1 TO BELOW 10 → ¼
Exception Memory
SPOUSE = EXCLUDED
Shortest Memory Rule
“KNOWINGLY HIDE AN ESCAPEE OR WANTED PERSON TO PREVENT ARREST = 253.”
Key Takeaway
Section 253 BNS punishes a person who knowingly harbours or conceals a person who:
- Has escaped from lawful custody while convicted of or charged with an offence; or
- Is subject to a lawful order of apprehension,
where the harbouring or concealment is intended to prevent apprehension.
The punishment depends on the seriousness of the underlying offence:
- Death-punishable offence → up to 7 years + fine
- Life/10-year offence → up to 3 years, with or without fine
- 1 year to below 10 years → up to one-fourth of the longest imprisonment prescribed
The Explanation extends the provision to qualifying acts or omissions committed outside India.
The exception excludes harbouring or concealment by the spouse of the person to be apprehended.
According to the supplied comments:
Section 253 BNS = Section 216 IPC
and the principal drafting changes are rearrangement into clauses and an explanation, together with replacement of “husband and wife” by “spouse.”
Final Memory Line
“253 = ESCAPE/APPREHENSION ORDER + KNOWLEDGE + HARBOUR/CONCEAL + PREVENT APPREHENSION + SPOUSE EXCEPTION.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 254: Penalty for Harbouring Robbers or Dacoits
Introduction
Section 254 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who knowingly harbours persons who are about to commit, or who have recently committed, robbery or dacoity, where the harbouring is done either:
- To facilitate the commission of the robbery or dacoity; or
- To screen the offenders from punishment.
The section therefore covers harbouring both before and after the robbery or dacoity, provided the required knowledge and intention are present.
It also expressly states that it is irrelevant whether the robbery or dacoity is intended to be committed, or has been committed, within or outside India.
A specific exception protects harbouring by the spouse of the offender.
Basic Formula
Knowledge/reason to believe + persons about to commit or recently committed robbery/dacoity + harbouring + intent to facilitate or screen from punishment = Section 254
Q1. What does Section 254 provide?
Answer:
Section 254 punishes a person who:
1. Knows or has reason to believe that certain persons:
o Are about to commit robbery or dacoity; or
o Have recently committed robbery or dacoity;
2. Harbours those persons, or any of them; and
3. Does so with the intention:
o To facilitate commission of the robbery or dacoity; or
o To screen them from punishment.
Q2. What is the object of Section 254?
Answer:
The object is to prevent persons from giving protection or assistance to robbers and dacoits in a way that:
- Helps them commit the offence; or
- Helps them evade legal punishment afterward.
Core Principle
One who knowingly shelters robbers or dacoits to help the crime or protect the offenders from punishment is punishable.
Q3. Which IPC provision corresponds to Section 254 BNS?
Answer:
According to the supplied comments:
Section 254 BNS = Section 216A IPC
Q4. Has Section 254 changed under BNS?
Answer:
According to the supplied comments, the substantive language remains unchanged.
The important drafting change is in the exception:
- IPC used the words “husband or wife”;
- BNS uses the gender-neutral word “spouse.”
Q5. Who can commit the offence under Section 254?
Answer:
The section uses the word:
“Whoever”
Therefore, unlike the preceding public-servant offences, Section 254 is a general offence and is not limited to public servants.
Q6. What are the essential ingredients of Section 254?
Answer:
The essential ingredients are:
1. Certain persons are:
o About to commit robbery or dacoity; or
o Have recently committed robbery or dacoity;
2. The accused knows or has reason to believe this fact;
3. The accused harbours those persons or any of them;
4. The harbouring is done with intent:
o To facilitate the robbery or dacoity; or
o To screen the persons from punishment;
5. The accused is not protected by the spouse exception.
Formula
ROBBERY/DACOITY + KNOWLEDGE/REASON TO BELIEVE + HARBOURING + FACILITATE/SCREEN = 254
Q7. What offences are specifically covered by Section 254?
Answer:
Only:
- Robbery; and
- Dacoity.
The provision is specifically directed at harbouring persons connected with these serious property offences.
Q8. Does the section apply before the robbery or dacoity is committed?
Answer:
Yes.
The section expressly covers persons who are:
“about to commit”
robbery or dacoity.
Therefore, pre-offence harbouring can attract Section 254.
Q9. Does the section apply after the robbery or dacoity?
Answer:
Yes.
It also covers persons who:
“have recently committed”
robbery or dacoity.
Therefore, post-offence harbouring is also punishable if done with the required intent.
Q10. What is the significance of the words “about to commit”?
Answer:
They show that the law does not require the robbery or dacoity to have already occurred.
A person may be punished for sheltering the offenders in preparation for the offence, provided he has the required knowledge or reason to believe and intends to facilitate the crime.
Q11. What is the significance of the words “have recently committed”?
Answer:
They extend the section to post-offence assistance.
A person who harbours robbers or dacoits shortly after the offence, intending to protect them from punishment, may be liable.
Q12. What is the mental element concerning the identity or conduct of the offenders?
Answer:
The accused must:
- Know; or
- Have reason to believe
that the persons are about to commit or have recently committed robbery or dacoity.
Q13. Is actual knowledge always necessary?
Answer:
No.
The section also uses:
“having reason to believe”
Therefore, the statutory test is wider than actual knowledge alone.
Q14. Is mere suspicion enough?
Answer:
The section requires either:
- Knowledge; or
- Reason to believe.
A vague or unsupported suspicion is not the same as the statutory standard of having reason to believe.
Q15. What is the second mental element under Section 254?
Answer:
Apart from knowledge or reason to believe, the accused must also harbour the offenders with a particular intention.
That intention must be either:
- To facilitate the robbery or dacoity; or
- To screen the offenders from punishment.
Q16. Is mere harbouring sufficient?
Answer:
No.
Mere sheltering by itself is not enough.
There must also be:
1. Knowledge or reason to believe concerning robbery/dacoity; and
2. The specified intention to facilitate or screen.
Memory
Harbouring alone ≠ Section 254
Q17. What does “harbours” mean in the context of the section?
Answer:
In practical terms, harbouring refers to giving shelter, protection, refuge or assistance to persons so that they can remain concealed or protected.
For Section 254, the harbouring must be connected to the prohibited intention.
Q18. Must all the robbers or dacoits be harboured?
Answer:
No.
The section expressly states:
“them or any of them”
Therefore, harbouring even one member may be sufficient if the other ingredients are present.
Q19. What is the first prohibited intention?
Answer:
The accused may harbour the persons with the intention:
To facilitate the commission of robbery or dacoity
This is the pre-offence facilitation branch.
Q20. What does “facilitating the commission” mean?
Answer:
It means making the planned robbery or dacoity easier to carry out.
For example, harbouring may give the offenders:
- A safe place to assemble;
- Concealment before the offence;
- Protection from detection;
- A place from which to proceed.
The statutory essence is the intention to facilitate the offence.
Q21. Must the robbery or dacoity actually be completed for this branch?
Answer:
No.
The wording covers persons who are merely about to commit robbery or dacoity.
Thus, the offence of harbouring can arise even before the robbery or dacoity is successfully completed.
Q22. What is the second prohibited intention?
Answer:
The accused may harbour the persons with the intention:
To screen them from punishment
This is principally the post-offence branch.
Q23. What does “screen from punishment” mean?
Answer:
It means shielding or protecting the offenders so that they may avoid the legal consequences of the robbery or dacoity.
This may involve giving them refuge or concealment after the offence.
Q24. Must the offenders actually escape punishment?
Answer:
No.
The section focuses on the accused's intention to screen them from punishment.
Actual success in avoiding punishment is not made an express ingredient.
Q25. Can Section 254 apply even if the accused does not participate in the robbery or dacoity itself?
Answer:
Yes.
The offence is specifically about harbouring.
The accused need not himself commit the robbery or dacoity, provided he knowingly harbours the relevant persons with the required intention.
Q26. Is participation in planning the robbery essential?
Answer:
No.
Planning participation is not expressly required.
The offence is complete if the accused:
- Knows or has reason to believe the relevant facts;
- Harbours the persons; and
- Has the specified intention.
Q27. Does the section cover harbouring before and after the offence?
Answer:
Yes.
Before offence
Harbouring to facilitate commission.
After offence
Harbouring to screen from punishment.
Memory
BEFORE = FACILITATE
AFTER = SCREEN
Q28. What does the Explanation provide?
Answer:
The Explanation states that it is immaterial whether the robbery or dacoity:
- Is intended to be committed within India or outside India; or
- Has been committed within India or outside India.
Q29. Why is the Explanation important?
Answer:
It prevents liability from depending on the geographical location of the robbery or dacoity.
The harbouring offence can still arise even where the connected robbery or dacoity is outside India.
Q30. Does the robbery or dacoity therefore need to occur within India?
Answer:
No.
The Explanation expressly says otherwise.
Memory
LOCATION OF ROBBERY/DACOITY = IMMATERIAL
Q31. What is the statutory exception?
Answer:
The section does not apply where the harbouring is done by:
The spouse of the offender
Q32. What is the significance of the spouse exception?
Answer:
It creates an express statutory immunity from this particular section where the person harbouring the offender is the offender's spouse.
Q33. Does the exception apply to every relative?
Answer:
No.
The supplied text expressly mentions only:
Spouse
It does not state a general exception for parents, children, siblings or other relatives.
Q34. What change has BNS made to the exception?
Answer:
According to the supplied comments:
- The earlier wording referred to “husband and wife”;
- The BNS substitutes the gender-neutral term “spouse.”
Q35. Give an example of pre-offence harbouring.
Answer:
Suppose A knows that B and C are about to commit a robbery.
A knowingly gives them a secret place to stay immediately before the offence because he wants to make the robbery easier.
Section 254 may apply.
Q36. Give an example involving dacoity.
Answer:
Suppose A has reason to believe that a group is about to commit dacoity and gives them refuge with the intention of facilitating the offence.
Section 254 may apply.
Q37. Give an example of post-offence harbouring.
Answer:
Suppose A knows that B recently committed robbery.
A hides B in his house intending to prevent the authorities from finding and punishing him.
Section 254 may apply.
Q38. Give an example involving only one member of a group.
Answer:
Suppose several persons recently committed dacoity.
A harbours only one member, knowing of the dacoity and intending to screen that person from punishment.
The wording “them or any of them” means Section 254 may still apply.
Q39. Give an example involving a foreign robbery.
Answer:
Suppose persons recently committed robbery outside India.
A, knowing this, harbours them with the intention of screening them from punishment.
According to the Explanation, the fact that the robbery occurred outside India does not by itself prevent Section 254 from applying.
Q40. Give an example where the spouse exception applies.
Answer:
Suppose A commits robbery and A's spouse gives A shelter afterward.
The express exception states that Section 254 does not extend to harbouring by the spouse of the offender.
Q41. Give an example where Section 254 may not apply because knowledge is absent.
Answer:
Suppose A innocently permits B to stay in his house without knowing or having reason to believe that B recently committed robbery.
The required knowledge element would be absent.
Q42. Give an example where Section 254 may not apply because intention is absent.
Answer:
Suppose A knows that B is suspected of robbery but gives B shelter for a purpose unconnected with facilitating the offence or screening B from punishment.
On the statutory wording alone, the required prohibited intention would have to be proved before Section 254 could apply.
Q43. Must the harbouring be done for money?
Answer:
No.
Financial reward is not an ingredient.
Q44. Must the accused share in the stolen property?
Answer:
No.
Receipt of stolen property is not an ingredient of Section 254.
The offence is based on harbouring with the prohibited intent.
Q45. Must the accused be a member of the robber or dacoit group?
Answer:
No.
Membership of the group is not required.
A separate person who knowingly harbours them may commit Section 254.
Q46. Is violence by the harbourer necessary?
Answer:
No.
No violence is expressly required.
The offence lies in knowingly providing harbour with the specified intention.
Q47. What is the punishment under Section 254?
Answer:
The punishment is:
Rigorous imprisonment up to seven years
and the offender:
Shall also be liable to fine
Q48. Is the imprisonment simple or rigorous?
Answer:
The section specifically provides:
Rigorous imprisonment
This is an important examination point.
Q49. What is the maximum term of imprisonment?
Answer:
Seven years
Q50. Is fine optional?
Answer:
The wording states that the offender:
“shall also be liable to fine.”
Therefore, the provision expressly contemplates fine in addition to rigorous imprisonment.
Q51. Is there a specific maximum fine stated?
Answer:
No.
The supplied provision does not specify a fixed monetary ceiling.
Q52. What is the classification of Section 254?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Magistrate of the First Class
Memory
C + B + MFC
Q53. Is Section 254 cognizable?
Answer:
Yes.
It is:
Cognizable
Q54. Is Section 254 bailable?
Answer:
Yes.
It is:
Bailable
Q55. Which Court may try the offence?
Answer:
According to the supplied classification:
Magistrate of the First Class
Q56. How does Section 254 differ from Section 255?
Answer:
The provisions deal with very different conduct.
Section 254
Any person knowingly harbours robbers or dacoits to:
- Facilitate robbery/dacoity; or
- Screen offenders from punishment.
Section 255
A public servant knowingly disobeys a legal direction to:
- Save a person from punishment;
- Reduce punishment;
- Save property from forfeiture or legal charge.
Memory
254 = HARBOUR ROBBERS/DACOITS
255 = PUBLIC SERVANT DISOBEYS LAW
Q57. How does Section 254 relate conceptually to robbery and dacoity provisions?
Answer:
Section 254 does not punish the robbery or dacoity itself.
Instead, it punishes the person who knowingly gives shelter or protection to those connected with robbery or dacoity for the specified purposes.
Memory
Robbery/Dacoity = principal offence
254 = harbouring assistance
Q58. What is the easiest exam test for Section 254?
Answer:
Ask:
1. Are the persons about to commit or have they recently committed robbery/dacoity?
2. Did the accused know or have reason to believe this?
3. Did the accused harbour them or any of them?
4. Was the intention:
o To facilitate the offence; or
o To screen them from punishment?
5. Is the accused the spouse of the offender?
If the first four are satisfied and the spouse exception does not apply, Section 254 may apply.
Q59. What are the two most important time stages?
Answer:
ABOUT TO COMMIT
and
RECENTLY COMMITTED
These correspond broadly with:
- Pre-offence facilitation; and
- Post-offence screening.
Q60. What is the shortest memory formula?
Answer:
“KNOW ROBBERS/DACOITS + HARBOUR + FACILITATE OR SCREEN = 254.”
Key Provisions (Study Notes)
1. General Offender
The section applies to:
WHOEVER
It is not limited to public servants.
2. Persons Harboured
The persons must be:
- About to commit robbery or dacoity; or
- Have recently committed robbery or dacoity.
3. Knowledge Requirement
The accused must:
KNOW OR HAVE REASON TO BELIEVE
the relevant facts.
4. Act
The accused must:
HARBOUR THEM OR ANY OF THEM
5. First Prohibited Intention
To:
FACILITATE ROBBERY OR DACOITY
6. Second Prohibited Intention
To:
SCREEN THE OFFENDERS FROM PUNISHMENT
7. Territorial Rule
It is immaterial whether the robbery or dacoity is:
- Within India; or
- Outside India.
8. Exception
Harbouring by:
THE SPOUSE OF THE OFFENDER
is excluded from Section 254.
Before and After Offence Notes
Before Robbery or Dacoity
Person is:
About to commit
and harbouring is intended to:
Facilitate commission
Memory
BEFORE = FACILITATE
After Robbery or Dacoity
Person has:
Recently committed
and harbouring is intended to:
Screen from punishment
Memory
AFTER = SCREEN
Punishment Study Notes
Section 254 provides:
- Rigorous imprisonment up to 7 years; and
- Liability to fine.
Important
The imprisonment specified is:
RIGOROUS
not merely “either description.”
Memory
254 = RI 7 YEARS + FINE
Classification Study Notes
Section 254 is:
- Cognizable
- Bailable
- Triable by Magistrate of the First Class
Memory
C + B + MFC
IPC Equivalent and BNS Change
According to the supplied comments:
Section 254 BNS = Section 216A IPC
The substantive language remains unchanged.
The important drafting change is:
“HUSBAND AND WIFE” → “SPOUSE”
in the exception.
Quick Revision Notes
Section
254 BNS
Title
Penalty for harbouring robbers or dacoits
IPC Equivalent
216A IPC
Offender
Any person.
Persons Harboured
Those about to commit or who recently committed robbery/dacoity.
Mental Element
Knowledge or reason to believe.
Act
Harbouring them or any of them.
Purpose
- Facilitate robbery/dacoity; or
- Screen from punishment.
Territorial Rule
Robbery/dacoity may be within or outside India.
Exception
Spouse of offender.
Punishment
Rigorous imprisonment up to 7 years + fine
Classification
Cognizable + Bailable + Magistrate First Class
Exam Traps
Trap 1 — Thinking the robbery must already have occurred
Incorrect.
Section 254 also covers persons about to commit robbery or dacoity.
Trap 2 — Forgetting post-offence harbouring
Persons who have recently committed robbery or dacoity are also covered.
Trap 3 — Treating mere shelter as sufficient
Incorrect.
The prosecution must establish the required knowledge or reason to believe and the specified intention.
Trap 4 — Forgetting “reason to believe”
Actual knowledge is not the only mental standard.
Trap 5 — Thinking all offenders must be harboured
Incorrect.
The words are:
“them or any of them”
Trap 6 — Forgetting the two intentions
Remember:
FACILITATE
or
SCREEN
Trap 7 — Assuming the robbery/dacoity must occur in India
Incorrect.
The Explanation makes location immaterial.
Trap 8 — Extending the family exception too widely
The supplied provision expressly protects the:
Spouse
Do not automatically extend this to every relative.
Trap 9 — Missing the BNS drafting change
The former “husband and wife” wording has been replaced with:
Spouse
Trap 10 — Writing “either description” for punishment
Incorrect.
Section 254 expressly provides:
Rigorous imprisonment
up to seven years.
Rapid Revision Chain: Sections 254–265
254
Harbour robbers/dacoits to facilitate offence or screen them.
Memory
HARBOUR
255
Public servant knowingly disobeys law to shield person/property.
Memory
DISOBEY LAW
256
Public servant knowingly falsifies official record.
Memory
FALSE RECORD
257
Public servant corruptly/maliciously makes judicial determination contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Authority corruptly/maliciously commits or keeps person confined contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally fails at charge/apprehension stage.
Memory
INTENTIONAL — CHARGE
260
Public servant intentionally fails at sentence/custody stage.
Memory
INTENTIONAL — SENTENCE
261
Public servant negligently allows escape.
Memory
NEGLIGENCE
262
Person resists own apprehension or escapes.
Memory
SELF
263
Person obstructs apprehension or rescues another.
Memory
ANOTHER
264
Residual public-servant failure.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance/escape/rescue.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 254
PERSONS ABOUT TO COMMIT / RECENTLY COMMITTED ROBBERY OR DACOITY
+
KNOWLEDGE OR REASON TO BELIEVE
+
HARBOURING
+
INTENTION TO:
FACILITATE ROBBERY/DACOITY
OR
SCREEN FROM PUNISHMENT
= SECTION 254
Exception Memory
SPOUSE = EXCLUDED
Territorial Memory
WITHIN OR OUTSIDE INDIA = IMMATERIAL
Shortest Memory Rule
“HARBOUR ROBBERS/DACOITS TO HELP OR HIDE THEM = 254.”
Key Takeaway
Section 254 BNS punishes a person who knows or has reason to believe that certain persons are about to commit or have recently committed robbery or dacoity, and harbours them with the intention either to:
- Facilitate the robbery or dacoity; or
- Screen the offenders from punishment.
The provision applies regardless of whether the robbery or dacoity is intended or committed within or outside India.
However, the section expressly excludes harbouring by the spouse of the offender.
The punishment is:
Rigorous imprisonment up to 7 years, with liability to fine.
The offence is:
Cognizable + Bailable + Triable by Magistrate of the First Class.
According to the supplied comments:
Section 254 BNS = Section 216A IPC
and the principal drafting change is the replacement of “husband and wife” with the gender-neutral term “spouse.”
Final Memory Line
“254 = KNOW/REASON TO BELIEVE + ROBBERY/DACOITY + HARBOUR + FACILITATE/SCREEN + SPOUSE EXCEPTION.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 255: Public Servant Disobeying Direction of Law with Intent to Save Person from Punishment or Property from Forfeiture
Introduction
Section 255 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a public servant who knowingly disobeys a direction of law governing the manner in which he must perform his official duty, and does so with the purpose, or knowledge of likelihood, of improperly benefiting a person or property.
The prohibited benefit may take the form of:
- Saving a person from legal punishment;
- Causing that person to receive a lesser punishment than legally due;
- Saving property from forfeiture; or
- Saving property from another legal charge.
The section therefore targets a deliberate breach of official legal duty intended to interfere with lawful punishment or lawful consequences affecting property.
Basic Formula
Public servant + legal direction governing official conduct + knowing disobedience + intent/knowledge to save person, reduce punishment, or save property = Section 255
Q1. What does Section 255 provide?
Answer:
Section 255 punishes a public servant who:
1. Knowingly disobeys a direction of law concerning how he must conduct himself as a public servant; and
2. Does so:
o Intending to save a person from legal punishment; or
o Knowing it is likely that he will save that person;
o Intending to subject the person to a lesser punishment than legally due; or
o Intending to save property from forfeiture or another legal charge; or
o Knowing it is likely that he will save such property.
Q2. What is the object of Section 255?
Answer:
The object is to ensure that public servants faithfully obey legal directions connected with their official duties and do not misuse their position to shield offenders or property from lawful consequences.
The section protects:
- Proper administration of justice;
- Lawful punishment;
- Integrity of public office;
- Lawful forfeiture;
- Enforcement of legal charges against property.
Core Principle
A public servant must not knowingly breach the law governing his official duty in order to shield a person or property from lawful consequences.
Q3. Which IPC provision corresponds to Section 255 BNS?
Answer:
According to the supplied comments:
Section 255 BNS = Section 217 IPC
Q4. Has Section 255 changed substantively under BNS?
Answer:
According to the supplied comments:
No.
The language remains unchanged and the provision has been retained as it is.
Q5. Who can commit an offence under Section 255?
Answer:
The offender must be:
A public servant
This is therefore a special-status offence.
Q6. Is public-servant status alone sufficient?
Answer:
No.
The public servant must also be subject to a:
Direction of law governing how he is to conduct himself as such public servant
The offence arises only when that legal direction is knowingly disobeyed.
Q7. What are the essential ingredients of Section 255?
Answer:
The essential ingredients are:
1. The accused must be a public servant;
2. There must be a direction of law governing the manner in which he is to act in his official capacity;
3. He must knowingly disobey that direction;
4. The disobedience must be connected with his official duty;
5. He must act with intent, or knowledge of likelihood, to:
o Save a person from legal punishment;
o Cause a person to receive a lesser punishment;
o Save property from forfeiture;
o Save property from another legal charge.
Formula
PUBLIC SERVANT + LEGAL DIRECTION + KNOWING DISOBEDIENCE + PROHIBITED PURPOSE = 255
Q8. What does “direction of the law” mean?
Answer:
It refers to a legal rule or requirement regulating how the public servant must conduct himself in the performance of his official functions.
The section is therefore not concerned with every kind of misconduct, but with knowing disobedience of a legal direction.
Q9. What is the significance of the words “as to the way in which he is to conduct himself as such public servant”?
Answer:
These words make the official-duty connection essential.
The disobedience must concern the manner in which the person is legally required to act in his capacity as a public servant.
Q10. Can Section 255 apply to purely private conduct of a public servant?
Answer:
No.
According to the supplied comments, the dereliction must arise during the discharge of official duty.
The section targets misuse or breach of official responsibility, not unrelated private conduct.
Q11. What is the key mental element under Section 255?
Answer:
There are two important mental elements:
1. The public servant must knowingly disobey the legal direction; and
2. He must act with the prohibited intent or knowledge of likelihood concerning punishment or property.
Q12. Is negligence sufficient?
Answer:
No.
The section expressly requires:
Knowing disobedience
Mere carelessness or accidental non-compliance would not by itself satisfy the section.
Q13. Is mere disobedience enough?
Answer:
No.
The public servant must also have one of the specified prohibited purposes or states of knowledge.
Memory
Disobedience alone ≠ Section 255
Knowing disobedience + prohibited purpose = Section 255
Q14. What is the first prohibited purpose under Section 255?
Answer:
The public servant may knowingly disobey the law:
With intent to save a person from legal punishment
or knowing that such result is likely.
Q15. Must the person actually escape punishment?
Answer:
No.
The statutory wording covers:
- Intent to save; or
- Knowledge that saving is likely.
Actual success is not stated as an essential ingredient.
Q16. What is the second prohibited purpose?
Answer:
The public servant may act with the intention of:
Subjecting a person to a lesser punishment than that to which he is liable
This is an important branch of the section.
Q17. Does Section 255 therefore cover both total and partial shielding from punishment?
Answer:
Yes.
It covers:
- Saving a person completely from punishment; and
- Causing him to receive a lesser punishment than legally due.
Memory
No punishment OR lesser punishment
Q18. What is the third prohibited purpose?
Answer:
The public servant may act:
With intent to save property from forfeiture
or knowing that this is likely to result.
Q19. Does the section cover only forfeiture?
Answer:
No.
It also covers saving property from:
Any charge to which it is liable by law
Q20. What are the three main prohibited outcomes?
Answer:
They can be remembered as:
1. Save person from punishment;
2. Reduce person's punishment;
3. Save property from forfeiture or legal charge.
Memory
SAVE – REDUCE – SAVE PROPERTY
Q21. Is actual legal punishment required to have already been imposed?
Answer:
No.
The wording concerns a person being saved from legal punishment or subjected to a lesser punishment than that to which he is liable.
The focus is on interfering with the lawful punitive consequence.
Q22. Must the public servant personally benefit?
Answer:
No.
Personal gain is not an ingredient.
The benefit may be directed toward:
- Another person; or
- Property.
Q23. Is bribery required?
Answer:
No.
The section does not expressly require proof of a bribe.
Its focus is knowing breach of legal duty for one of the prohibited purposes.
Q24. Must corrupt or malicious motive be proved?
Answer:
No.
Unlike Sections 257 and 258, Section 255 does not expressly require that the act be done “corruptly or maliciously.”
Its statutory mental elements are:
- Knowing disobedience; and
- Intent or knowledge concerning the prohibited consequence.
Q25. What is meant by “legal punishment”?
Answer:
It refers to punishment to which a person is liable under law.
The section is aimed at preventing a public servant from deliberately interfering with the proper imposition of that punishment.
Q26. What does “less punishment than that to which he is liable” mean?
Answer:
It means the public servant knowingly breaches legal duty so that the person receives a lighter legal consequence than would otherwise lawfully apply.
The section therefore covers not only complete escape from punishment but also improper reduction of punishment.
Q27. What does “forfeiture” mean in this section?
Answer:
It refers to property being liable to be forfeited under law.
The public servant commits the offence if he knowingly disobeys his legal duty intending, or knowing it likely, that the property will thereby escape forfeiture.
Q28. What does “other charge” on property mean?
Answer:
The section is broader than forfeiture.
It also covers property that is legally liable to another charge or burden.
The public servant must not knowingly breach his duty in order to protect such property from that lawful consequence.
Q29. Must the property actually be saved?
Answer:
No.
Intent to save or knowledge that saving is likely is sufficient under the statutory wording.
Q30. What does the supplied commentary mean by “screen or save persons from punishment”?
Answer:
According to the supplied comments, the section applies where a public servant breaches official duty in order to shield a person from legal sanctions.
This includes both:
- Avoiding punishment entirely; and
- Enabling a lesser punishment.
Q31. What does “dereliction of duty” mean in the supplied comments?
Answer:
It refers to failure or refusal by the public servant to perform the legal duty imposed on him in his official capacity.
For Section 255, that dereliction must be knowing and connected with the prohibited purpose.
Q32. Can a mistaken belief about the person's punishment be relevant?
Answer:
According to the supplied comments, such dereliction may be premised on a mistaken belief regarding the punishment of the person.
However, the statutory ingredients still require:
- Knowing disobedience of a legal direction; and
- The specified intent or knowledge concerning the consequence.
Therefore, the actual liability must always be tested against the wording of the section.
Q33. Does every mistaken belief create liability?
Answer:
No.
A mere mistake is not automatically enough.
The prosecution would still have to establish the statutory elements of knowing disobedience and the required prohibited purpose or knowledge.
Q34. Give an example involving complete escape from punishment.
Answer:
Suppose a public servant is legally required to take a particular official step against A.
He deliberately refuses to follow that legal direction because he wants A to avoid punishment altogether.
Section 255 may apply.
Q35. Give an example involving lesser punishment.
Answer:
Suppose an officer knowingly disobeys a legal requirement in order to ensure that B becomes liable to a lesser punishment than the punishment legally applicable.
Section 255 may apply.
Q36. Give an example involving property forfeiture.
Answer:
Suppose a public servant has a legal duty to take action concerning property liable to forfeiture.
He knowingly refuses to perform that duty so that the property will escape forfeiture.
Section 255 may apply.
Q37. Give an example involving another legal charge on property.
Answer:
Suppose property is lawfully liable to a statutory charge.
A public servant knowingly disobeys the legal directions governing his conduct because he intends to prevent that charge from attaching.
Section 255 may apply.
Q38. Give an example where Section 255 may not apply.
Answer:
Suppose an officer accidentally fails to follow a procedural direction because of an innocent oversight.
If there is no knowing disobedience and no prohibited intent or knowledge, Section 255 would not be established merely from the mistake.
Q39. Must loss or injury to the public be proved under Section 255?
Answer:
No.
Unlike Section 256, Section 255 does not expressly make causing loss or injury to the public or any person one of its branches.
Its focus is:
- Saving a person from punishment;
- Reducing punishment;
- Saving property from forfeiture or legal charge.
Q40. What is the punishment under Section 255?
Answer:
The punishment is:
- Imprisonment of either description up to two years; or
- Fine; or
- Both.
Q41. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
The supplied comments also state that the punishment may be simple or rigorous imprisonment up to two years.
Q42. What is the maximum term of imprisonment?
Answer:
Two years
Q43. Is there a specific maximum fine stated?
Answer:
No.
The supplied text simply provides:
Fine or both
without specifying a fixed monetary ceiling.
Q44. What is the classification of Section 255?
Answer:
According to the supplied classification:
- Non-cognizable
- Bailable
- Any Magistrate
Memory
NC + B + ANY MAGISTRATE
Q45. Is Section 255 cognizable?
Answer:
No.
It is:
Non-cognizable
Q46. Is Section 255 bailable?
Answer:
Yes.
It is:
Bailable
Q47. Which Court may try the offence?
Answer:
According to the supplied classification:
Any Magistrate
Q48. How does Section 255 differ from Section 256?
Answer:
This is a very important distinction.
Section 255
The public servant:
Knowingly disobeys a direction of law
with intent or knowledge to:
- Save a person from punishment;
- Reduce punishment;
- Save property.
Section 256
The public servant:
Knowingly frames an incorrect record or writing
with intent or knowledge to:
- Cause loss or injury;
- Save a person from punishment;
- Save property.
Memory
255 = DISOBEY LAW
256 = FALSIFY RECORD
Q49. What is another important difference between Sections 255 and 256?
Answer:
Section 255 expressly includes:
Subjecting a person to a lesser punishment
Section 256, in the supplied wording, focuses instead on:
- Causing loss or injury;
- Saving a person from punishment;
- Saving property.
Q50. How does Section 255 differ from Section 257?
Answer:
Section 255
Focuses on knowing disobedience of a legal direction in official conduct.
Section 257
Focuses on corrupt or malicious making of a:
- Report;
- Order;
- Verdict;
- Decision
in a judicial proceeding, knowing it to be contrary to law.
Memory
255 = disobey official law
257 = corrupt judicial determination
Q51. How does Section 255 differ from Section 258?
Answer:
Section 255
General knowing breach of legal directions for the purpose of shielding a person or property.
Section 258
Specific corrupt or malicious misuse of authority to:
- Commit a person for trial;
- Commit a person to confinement;
- Keep a person confined,
knowing the act is contrary to law.
Q52. What common theme links Sections 255–258?
Answer:
All four provisions deal with abuse of public or official authority, but each targets a different form of misconduct:
- 255 = knowingly disobeying legal directions;
- 256 = knowingly falsifying official records;
- 257 = corrupt/malicious judicial report, order, verdict or decision;
- 258 = corrupt/malicious commitment or confinement.
Q53. What is the easiest exam test for Section 255?
Answer:
Ask:
1. Is the accused a public servant?
2. Is there a legal direction governing his official conduct?
3. Did he knowingly disobey it?
4. Did he intend, or know it likely, to:
o Save a person from punishment;
o Reduce the person's punishment;
o Save property from forfeiture or other legal charge?
If yes, Section 255 may apply.
Q54. What is the most important phrase in Section 255?
Answer:
“KNOWINGLY DISOBEYS ANY DIRECTION OF THE LAW”
This is the foundation of the offence.
Q55. What is the shortest memory formula?
Answer:
“PUBLIC SERVANT + KNOWING DISOBEDIENCE + SAVE PERSON/REDUCE PUNISHMENT/SAVE PROPERTY = 255.”
Key Provisions (Study Notes)
1. Special Offender
The accused must be:
A PUBLIC SERVANT
2. Legal Duty
There must be:
A DIRECTION OF LAW GOVERNING HIS OFFICIAL CONDUCT
3. Conduct
The public servant must:
KNOWINGLY DISOBEY THAT DIRECTION
4. First Prohibited Purpose
To save, or likely save:
A PERSON FROM LEGAL PUNISHMENT
5. Second Prohibited Purpose
To:
SUBJECT A PERSON TO A LESSER PUNISHMENT THAN LEGALLY DUE
6. Third Prohibited Purpose
To save, or likely save:
PROPERTY FROM FORFEITURE OR OTHER LEGAL CHARGE
Mental Element Study Notes
The section requires:
First Layer
Knowing disobedience of law.
Second Layer
Intent or knowledge regarding the prohibited outcome.
Memory
KNOWINGLY DISOBEY + INTEND/KNOW BENEFIT
Difference Between Section 255 and Section 256
Section 255 — Disobedience of Law
The wrongdoing lies in:
BREACHING A LEGAL DIRECTION
The object is to:
- Save person from punishment;
- Reduce punishment;
- Save property.
Memory
DISOBEY
Section 256 — Incorrect Official Record
The wrongdoing lies in:
KNOWINGLY FRAMING AN INCORRECT RECORD
The object/consequence is to:
- Cause loss/injury;
- Save person from punishment;
- Save property.
Memory
FALSIFY
Punishment Study Notes
Punishment:
- Imprisonment of either description up to 2 years; or
- Fine; or
- Both.
Memory
255 = 2 YEARS / FINE / BOTH
Classification Study Notes
Section 255 is:
- Non-cognizable
- Bailable
- Triable by Any Magistrate
Memory
NC + B + ANY MAGISTRATE
IPC Equivalent
According to the supplied comments:
Section 255 BNS = Section 217 IPC
The language remains unchanged and the provision has been retained as it is.
Quick Revision Notes
Section
255 BNS
Title
Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
IPC Equivalent
217 IPC
Offender
Public servant.
Act
Knowingly disobeys direction of law governing official conduct.
Purposes
- Save person from legal punishment;
- Subject person to lesser punishment;
- Save property from forfeiture;
- Save property from another legal charge.
Mental Element
Knowing disobedience + intent or knowledge of likely consequence.
Punishment
Up to 2 years / fine / both
Classification
Non-cognizable + Bailable + Any Magistrate
Exam Traps
Trap 1 — Treating any official misconduct as Section 255
Incorrect.
There must be knowing disobedience of a direction of law.
Trap 2 — Forgetting the official-duty connection
The legal direction must govern how the public servant is to conduct himself as a public servant.
Trap 3 — Thinking negligence is enough
Incorrect.
The disobedience must be knowing.
Trap 4 — Forgetting the prohibited purpose
Knowing disobedience alone is not sufficient.
The act must be linked to one of the specified consequences.
Trap 5 — Forgetting lesser punishment
Section 255 expressly covers not only complete escape from punishment but also reduction to a lesser punishment.
Trap 6 — Forgetting property
The section also protects lawful:
- Forfeiture; and
- Other charges against property.
Trap 7 — Confusing Section 255 with Section 256
Remember:
255 = DISOBEY LAW
256 = FALSE RECORD
Trap 8 — Adding a requirement of bribery
Bribery is not an express ingredient.
Trap 9 — Treating the supplied comment on mistaken belief as eliminating statutory mens rea
The statutory requirements remain central:
- Knowing disobedience; and
- Prohibited intent or knowledge.
Rapid Revision Chain: Sections 255–265
255
Public servant knowingly disobeys legal direction to save person/reduce punishment/save property.
Memory
DISOBEY LAW
256
Public servant knowingly falsifies official record to harm or shield person/property.
Memory
FALSE RECORD
257
Public servant corruptly/maliciously makes judicial report/order/verdict/decision contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Authority corruptly/maliciously commits or keeps person confined contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally fails at charge/apprehension stage.
Memory
INTENTIONAL — CHARGE
260
Public servant intentionally fails at sentence/custody stage.
Memory
INTENTIONAL — SENTENCE
261
Public servant negligently allows escape.
Memory
NEGLIGENCE
262
Person resists own apprehension or escapes.
Memory
SELF
263
Person obstructs apprehension or rescues another.
Memory
ANOTHER
264
Residual public-servant failure.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance/escape/rescue provision.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 255
PUBLIC SERVANT
+
LEGAL DIRECTION GOVERNING OFFICIAL CONDUCT
+
KNOWING DISOBEDIENCE
+
INTENT / KNOWLEDGE TO:
SAVE PERSON FROM PUNISHMENT
OR
CAUSE LESSER PUNISHMENT
OR
SAVE PROPERTY FROM FORFEITURE / LEGAL CHARGE
= SECTION 255
Shortest Memory Rule
“DISOBEY LAW TO SHIELD PERSON OR PROPERTY = 255.”
Key Takeaway
Section 255 BNS punishes a public servant who knowingly disobeys a legal direction governing the manner in which he must perform his official duty, with the intent or knowledge that the breach will:
- Save a person from legal punishment;
- Cause the person to receive a lesser punishment;
- Save property from forfeiture; or
- Save property from another legal charge.
The central combination is:
PUBLIC SERVANT
+ KNOWING DISOBEDIENCE OF LAW
+ INTENT/KNOWLEDGE TO SHIELD PERSON OR PROPERTY
The punishment is:
Imprisonment of either description up to 2 years, or fine, or both.
The offence is:
Non-cognizable + Bailable + Triable by Any Magistrate.
According to the supplied comments:
Section 255 BNS = Section 217 IPC
and the provision has been retained without substantive change.
Final Memory Line
“255 = PUBLIC SERVANT + KNOWINGLY DISOBEYS LAW + SAVE PERSON / REDUCE PUNISHMENT / SAVE PROPERTY.”
- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 256: Public Servant Framing Incorrect Record or Writing with Intent to Save Person from Punishment or Property from Forfeiture
Introduction
Section 256 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with deliberate falsification of an official record or writing by a public servant who is legally charged with preparing that record or writing.
The offence is committed when the public servant knowingly frames the record or writing incorrectly and does so with one of the prohibited purposes or consequences specified in the section, such as:
- Causing loss or injury to the public or any person;
- Saving a person from legal punishment;
- Saving property from forfeiture; or
- Saving property from some other legal charge.
The provision therefore targets a knowing distortion of an official record by the very public servant responsible for preparing it.
Basic Formula
Public servant + duty to prepare record/writing + knowingly incorrect record + prohibited intent/knowledge = Section 256
Q1. What does Section 256 provide?
Answer:
Section 256 punishes a public servant who:
1. Is charged, as a public servant, with preparing a record or other writing;
2. Frames that record or writing in a manner which he knows to be incorrect; and
3. Does so with:
o Intent to cause loss or injury to the public or any person; or
o Knowledge that such loss or injury is likely; or
o Intent to save a person from legal punishment; or
o Knowledge that he is likely to save such person; or
o Intent to save property from forfeiture or other legal charge; or
o Knowledge that he is likely to do so.
Q2. What is the object of Section 256?
Answer:
The object is to protect the integrity of official records and prevent public servants from manipulating official documents for improper purposes.
The section protects:
- Accuracy of public records;
- Fair administration of justice;
- Enforcement of punishment;
- Lawful forfeiture of property;
- Public and individual interests.
Core Principle
A public servant entrusted with preparing an official record must not knowingly falsify it to cause injury or shield a person or property from lawful consequences.
Q3. Which IPC provision corresponds to Section 256 BNS?
Answer:
According to the supplied comments:
Section 256 BNS = Section 218 IPC
Q4. Has Section 256 changed substantively under BNS?
Answer:
According to the supplied comments:
No.
The language remains unchanged and the provision has been retained as it is.
Q5. Who can commit the offence under Section 256?
Answer:
The offender must be:
A public servant
This is therefore a special-status offence.
Q6. Is being a public servant alone sufficient?
Answer:
No.
The public servant must also be:
Charged with the preparation of the relevant record or writing
This official responsibility is an essential ingredient.
Q7. What are the essential ingredients of Section 256?
Answer:
The essential ingredients are:
1. The accused must be a public servant;
2. As such public servant, he must be charged with preparing a record or other writing;
3. He must frame that record or writing incorrectly;
4. He must know that the record or writing is incorrect;
5. He must act with one of the specified intents or states of knowledge relating to:
o Loss or injury;
o Saving a person from punishment;
o Saving property from forfeiture;
o Saving property from another legal charge.
Formula
PUBLIC SERVANT + OFFICIAL RECORD DUTY + KNOWINGLY INCORRECT RECORD + PROHIBITED INTENT/KNOWLEDGE = 256
Q8. What does “charged with the preparation of any record or other writing” mean?
Answer:
It means that preparing that document forms part of the public servant's official duty or responsibility.
The section does not apply merely because the person happens to write something unofficially.
Q9. What is meant by “record or other writing”?
Answer:
The wording is broad.
It covers an official:
- Record; or
- Other writing
which the public servant is responsible for preparing in the course of his duty.
Q10. Must the record be a public document in the technical sense?
Answer:
The supplied section does not make technical classification as a “public document” an express ingredient.
The important point is that the writing is one which the public servant is officially charged with preparing.
Q11. What does “frames that record or writing” mean?
Answer:
It refers to preparing, composing or setting out the contents of the record or writing.
The offence arises where the public servant deliberately prepares it in an incorrect form.
Q12. What is the significance of the words “knows to be incorrect”?
Answer:
These words establish a strong knowledge requirement.
The public servant must know that the record or writing is incorrect.
A mere clerical mistake or innocent error is not enough.
Memory
Incorrect + knowingly incorrect
Q13. Is negligence sufficient?
Answer:
No.
The section requires knowledge of the incorrectness.
Negligent preparation alone does not satisfy the wording.
Q14. Is a simple mistake in an official record enough?
Answer:
No.
A genuine or accidental mistake would not by itself satisfy Section 256.
The public servant must knowingly frame the record incorrectly and must have one of the required prohibited intentions or states of knowledge.
Q15. Is knowledge of falsity alone enough?
Answer:
No.
There must also be a further prohibited purpose or likely consequence specified by the section.
The law therefore requires:
Knowing incorrectness + prohibited intent/knowledge
Q16. What is the first prohibited purpose under Section 256?
Answer:
The public servant may act:
- With intent to cause loss or injury to the public or any person; or
- Knowing it to be likely that he will thereby cause such loss or injury.
Q17. Does actual loss or injury have to occur?
Answer:
Not necessarily.
The section also covers the situation where the public servant knows that loss or injury is likely to result.
The focus is therefore on the required intent or knowledge, not necessarily on actual completion of the loss.
Q18. Who may suffer the loss or injury?
Answer:
The section expressly covers:
- The public; or
- Any person.
Q19. What is the second prohibited purpose?
Answer:
The public servant may prepare the false record:
With intent to save any person from legal punishment
or knowing that he is likely thereby to save that person from legal punishment.
Q20. What does “legal punishment” signify?
Answer:
It refers to punishment imposed or imposable according to law.
The section targets manipulation of official records designed to shield a person from lawful penal consequences.
Q21. Must the person actually avoid punishment?
Answer:
No.
It is sufficient if the public servant:
- Intends to save the person; or
- Knows that his act is likely to save that person.
Actual success is not made an express ingredient.
Q22. Can the person being saved be someone other than the public servant?
Answer:
Yes.
The provision refers broadly to:
“any person”
Q23. Can the public servant be trying to save himself?
Answer:
According to the supplied comments:
Yes.
The section may still apply where the public servant prepares the incorrect record in order to save himself from legal punishment.
This is an important point.
Memory
“Any person” can include the public servant himself.
Q24. What is the third prohibited purpose?
Answer:
The public servant may act with intent to save, or with knowledge that he is likely to save:
Any property from forfeiture
to which that property is liable by law.
Q25. What does forfeiture mean here?
Answer:
Forfeiture refers to lawful loss or confiscation of property as a consequence provided by law.
The section punishes falsification of official records designed to prevent that lawful consequence.
Q26. Does the section cover more than forfeiture?
Answer:
Yes.
It also covers saving property from:
“Other charge to which it is liable by law”
Therefore, the provision is wider than forfeiture alone.
Q27. Must the property actually be saved?
Answer:
No.
The section also applies where the public servant knows that his falsification is likely to save the property.
Q28. What are the three main prohibited objectives?
Answer:
They may be remembered as:
1. CAUSE LOSS OR INJURY
2. SAVE PERSON FROM PUNISHMENT
3. SAVE PROPERTY FROM FORFEITURE/LEGAL CHARGE
Memory
HARM – SAVE PERSON – SAVE PROPERTY
Q29. What mental states does Section 256 use?
Answer:
The section repeatedly uses two alternatives:
- Intent; or
- Knowledge of likelihood.
Therefore, actual desire for the consequence is not always necessary if the public servant knows it is likely to result.
Q30. Is malicious intent expressly required?
Answer:
No.
Unlike Sections 257 and 258, Section 256 does not expressly use the words “corruptly or maliciously.”
Its mental elements are:
- Knowledge that the record is incorrect; and
- Intent or knowledge concerning the specified consequence.
Q31. Is corrupt motive expressly required?
Answer:
No.
The section does not make corruption an independent ingredient.
Its requirements are more specifically framed around knowing falsification and prohibited intent or knowledge.
Q32. Must the public servant receive a benefit?
Answer:
No.
Personal benefit is not required.
The offence may be complete even where the intended benefit is for another person or another person's property.
Q33. Must a bribe be involved?
Answer:
No.
Bribery is not an ingredient.
Q34. Must the false record relate to a criminal proceeding?
Answer:
Not necessarily in every branch.
The section also expressly covers falsification intended to cause loss or injury or save property from forfeiture or other legal charge.
Its application is therefore broader than merely saving someone from punishment.
Q35. Give an example involving loss to the public.
Answer:
Suppose a public servant is officially responsible for preparing a financial or administrative record.
He knowingly records false information intending thereby to cause financial loss to the public.
Section 256 may apply.
Q36. Give an example involving injury to a person.
Answer:
Suppose an officer deliberately enters incorrect information in an official record, knowing it is false, with the intention of causing legal or other injury to A.
Section 256 may apply.
Q37. Give an example involving saving another person from punishment.
Answer:
Suppose a public servant responsible for preparing an official record knowingly omits incriminating information so that B may avoid lawful punishment.
Section 256 may apply.
Q38. Give an example involving saving himself.
Answer:
Suppose a public servant knows that an official record, if correctly prepared, would expose him to legal punishment.
He deliberately falsifies the record to shield himself.
According to the supplied comments, Section 256 may still apply.
Q39. Give an example involving property forfeiture.
Answer:
Suppose an official responsible for preparing a record knowingly falsifies it so that property which is legally liable to forfeiture appears not to be liable.
Section 256 may apply.
Q40. Give an example where Section 256 may not apply.
Answer:
Suppose a public servant accidentally writes an incorrect date in a record due to an innocent clerical mistake.
If he did not know the entry was incorrect and lacked any of the prohibited intentions or states of knowledge, Section 256 would not be established.
Q41. Is actual fabrication necessary in a technical sense?
Answer:
The supplied comments refer to fabrication or falsification, but the statutory wording itself is:
“frames that record or writing in a manner which he knows to be incorrect”
For examination purposes, the statutory wording should be remembered.
Q42. Why is Section 256 an offence against the integrity of official records?
Answer:
Because official decisions and legal consequences often depend on records prepared by public servants.
Knowingly incorrect records can:
- Distort justice;
- Cause injury;
- Shield offenders;
- Prevent lawful forfeiture.
The section therefore protects the reliability of official documentation.
Q43. What is the punishment under Section 256?
Answer:
The punishment is:
- Imprisonment of either description up to three years; or
- Fine; or
- Both.
Q44. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
The supplied comments also expressly note that the punishment may be simple or rigorous imprisonment up to three years.
Q45. What is the maximum imprisonment?
Answer:
Three years
Q46. Is any specific maximum fine mentioned?
Answer:
No.
The supplied provision simply provides:
Fine or both
without stating a fixed monetary ceiling.
Q47. What is the classification of Section 256?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Magistrate of the First Class
Memory
C + B + MFC
Q48. Is Section 256 cognizable?
Answer:
Yes.
It is:
Cognizable
Q49. Is Section 256 bailable?
Answer:
Yes.
It is:
Bailable
Q50. Which Court may try the offence?
Answer:
According to the supplied classification:
Magistrate of the First Class
Q51. How does Section 256 differ from Section 257?
Answer:
Section 256
Focuses on a public servant who knowingly prepares an incorrect record or writing with prohibited intent or knowledge.
Section 257
Focuses on a public servant who, in a judicial proceeding, corruptly or maliciously makes or pronounces a report, order, verdict or decision knowing it to be contrary to law.
Memory
256 = FALSE OFFICIAL RECORD
257 = CORRUPT JUDICIAL DECISION
Q52. How does Section 256 differ from Section 258?
Answer:
Section 256
The wrongdoing lies in:
Knowingly preparing an incorrect record
Section 258
The wrongdoing lies in:
Corruptly or maliciously committing or keeping a person in confinement contrary to law
Q53. What common feature links Sections 256–258?
Answer:
All three concern misuse of official authority, but the acts differ:
- 256 = falsifying an official record;
- 257 = corrupt or malicious judicial determination;
- 258 = corrupt or malicious commitment or confinement.
Q54. What is the easiest exam test for Section 256?
Answer:
Ask:
1. Is the accused a public servant?
2. Is he officially charged with preparing the record or writing?
3. Did he frame it incorrectly?
4. Did he know it was incorrect?
5. Did he intend or know it was likely to:
o Cause loss/injury;
o Save a person from punishment; or
o Save property from forfeiture/legal charge?
If yes, Section 256 may apply.
Q55. What is the shortest memory formula?
Answer:
“PUBLIC SERVANT + KNOWINGLY FALSE OFFICIAL RECORD + HARM/SAVE PERSON/SAVE PROPERTY = 256.”
Key Provisions (Study Notes)
1. Special Offender
The accused must be:
A PUBLIC SERVANT
2. Official Duty
The public servant must be:
CHARGED WITH PREPARING THE RECORD OR WRITING
3. Incorrect Record
The record or writing must be framed:
IN A MANNER KNOWN TO BE INCORRECT
4. First Prohibited Objective
To cause or likely cause:
LOSS OR INJURY TO THE PUBLIC OR ANY PERSON
5. Second Prohibited Objective
To save or likely save:
ANY PERSON FROM LEGAL PUNISHMENT
This may, according to the supplied comments, include the public servant himself.
6. Third Prohibited Objective
To save or likely save:
PROPERTY FROM FORFEITURE OR OTHER LEGAL CHARGE
Mental Element Study Notes
Section 256 requires two layers:
Layer One
Knowledge that the record is incorrect.
Layer Two
Intent or knowledge of likelihood concerning one of the specified consequences.
Memory
KNOW FALSE + INTEND/KNOW CONSEQUENCE
Punishment Study Notes
Punishment:
- Imprisonment of either description up to 3 years; or
- Fine; or
- Both.
Memory
256 = 3 YEARS / FINE / BOTH
Classification Study Notes
Section 256 is:
- Cognizable
- Bailable
- Triable by Magistrate of the First Class
Memory
C + B + MFC
Difference Between Section 256 and Section 257
Section 256 — Incorrect Record
The public servant is responsible for preparing a record or writing and knowingly prepares it incorrectly.
The prohibited purposes include:
- Causing loss/injury;
- Saving a person from punishment;
- Saving property from forfeiture.
Memory
FALSE RECORD
Section 257 — Contrary Judicial Decision
The public servant, in a judicial proceeding, corruptly or maliciously makes:
- Report;
- Order;
- Verdict;
- Decision,
knowing it is contrary to law.
Memory
FALSE/CORRUPT JUDICIAL OUTCOME
Quick Revision Notes
Section
256 BNS
Title
Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
IPC Equivalent
218 IPC
Offender
Public servant.
Special Duty
Charged with preparation of record or writing.
Act
Frames it in a manner known to be incorrect.
Prohibited Purposes
- Cause loss/injury;
- Save person from legal punishment;
- Save property from forfeiture;
- Save property from other legal charge.
Mental Element
Knowledge of incorrectness + intent or knowledge of likely consequence.
Punishment
Up to 3 years / fine / both
Classification
Cognizable + Bailable + Magistrate First Class
Exam Traps
Trap 1 — Forgetting the offender must be a public servant
A private person's false writing does not fall under this specific provision.
Trap 2 — Forgetting the official duty to prepare the record
The public servant must be charged with preparation of that record or writing.
Trap 3 — Treating an innocent clerical error as sufficient
Incorrect.
The record must be knowingly incorrect.
Trap 4 — Forgetting the second mental element
Knowing the record is wrong is not enough by itself.
There must also be the required intent or knowledge concerning the prohibited consequence.
Trap 5 — Thinking only saving another person is covered
According to the supplied comments, the public servant may also be trying to save himself.
Trap 6 — Thinking actual loss must occur
Incorrect.
Intent or knowledge that loss/injury is likely can suffice.
Trap 7 — Thinking the person must actually escape punishment
Incorrect.
Intent to save or knowledge that the act is likely to save is enough.
Trap 8 — Forgetting property
The section also protects lawful forfeiture and other legal charges affecting property.
Trap 9 — Confusing Section 256 with Section 257
Remember:
256 = incorrect official record
257 = corrupt/malicious judicial report/order/verdict/decision
Rapid Revision Chain: Sections 256–265
256
Public servant knowingly falsifies official record to cause harm or save person/property.
Memory
FALSE RECORD
257
Public servant corruptly/maliciously makes judicial report/order/verdict/decision contrary to law.
Memory
WRONG JUDICIAL DECISION
258
Authority corruptly/maliciously commits or keeps person in confinement contrary to law.
Memory
WRONG CONFINEMENT
259
Public servant intentionally fails to apprehend person at charge/apprehension stage.
Memory
INTENTIONAL — CHARGE
260
Public servant intentionally fails regarding person under sentence/lawful custody.
Memory
INTENTIONAL — SENTENCE
261
Public servant negligently allows escape.
Memory
NEGLIGENCE
262
Person resists own apprehension or escapes.
Memory
SELF
263
Person obstructs apprehension or rescues another.
Memory
ANOTHER
264
Residual public-servant failure.
Memory
PUBLIC SERVANT FALL-BACK
265
Residual resistance/escape/rescue provision.
Memory
GENERAL FALL-BACK
Ultimate Memory Formula
SECTION 256
PUBLIC SERVANT
+
OFFICIAL DUTY TO PREPARE RECORD/WRITING
+
KNOWINGLY INCORRECT RECORD
+
INTENT / KNOWLEDGE OF LIKELIHOOD TO:
CAUSE LOSS OR INJURY
OR
SAVE PERSON FROM LEGAL PUNISHMENT
OR
SAVE PROPERTY FROM FORFEITURE / LEGAL CHARGE
= SECTION 256
Shortest Memory Rule
“FALSE OFFICIAL RECORD TO HARM OR SHIELD = 256.”
Key Takeaway
Section 256 BNS punishes a public servant who is officially responsible for preparing a record or writing and knowingly prepares it incorrectly with the intent, or knowledge of likelihood, that the falsification will:
- Cause loss or injury to the public or any person;
- Save a person from legal punishment; or
- Save property from forfeiture or another legal charge.
According to the supplied comments, the provision can also apply where the public servant falsifies the record to save himself.
The punishment is:
Imprisonment of either description up to 3 years, or fine, or both.
The offence is:
Cognizable + Bailable + Triable by Magistrate of the First Class.
According to the supplied comments:
Section 256 BNS = Section 218 IPC
and the provision has been retained without substantive change.
Final Memory Line
“256 = PUBLIC SERVANT + FALSE OFFICIAL RECORD + KNOWINGLY INCORRECT + HARM/SAVE PERSON/SAVE PROPERTY.”