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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.”
