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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.”
