BNS 251 - Punishment Provision for Offering Bribes or Gifts to Save a Criminal

Section 250 of the Bharatiya Nyaya Sanhita, 2023, states that if any person, government employee, or official takes a bribe or gift to save a criminal, they will be guilty under this section. However, if a person offers a bribe or gift to save a criminal, will it also be considered a crime? Under which section can a case be registered against such a person?

Definition of Section 251 of Bharatiya Nyaya Sanhita, 2023

If a criminal, to save themselves, or any person, to save a criminal, proposes to give a bribe or gift to any government official, government employee, or any person, such a proposal will be considered an act of incitement to commit a crime. A provision for action against a person inciting a bribe under the Bharatiya Nyaya Sanhita, 2023, is provided under Section 251.

Provision of Punishment under Bharatiya Nyaya Sanhita, 2023 Section 251

Offenses under this section are non-cognizable and bailable, meaning the police do not register an FIR for this offense. A complaint is filed in court for this offense. The trial of this offense can be conducted by a Judicial Magistrate First Class.

The punishment for offenses under this section is divided into the following parts:

1. If a criminal sentenced to death takes a bribe to save themselves or offers a gift to save themselves, they can be punished with a maximum of seven years of imprisonment or a fine.

2. If a criminal sentenced to life imprisonment or up to ten years of imprisonment offers a gift to save themselves, they can be punished with a maximum of three years of imprisonment and a fine.

3. If a criminal sentenced to less than ten years offers a gift to save themselves, they can be punished with up to one-fourth of the total sentence or a fine.