BNS 450 - Punishment Provisions for Those Who Accept Bribes or Gifts to Protect or Conceal Criminals

Many public servants or ordinary individuals accept gifts or bribes to shield criminals from punishment, thereby aiding in their escape or concealment. However, stringent action can be taken against such government officials who protect criminals in exchange for bribes. Here are the details:

Definition under Section 250 of the Bharatiya Nyaya Sanhita, 2023

Anyone (including government employees) who accepts gifts, presents, or bribes from a fugitive criminal to facilitate their escape, concealment, or protection will be considered guilty under Section 250 of the Bharatiya Nyaya Sanhita, 2023.

The Calcutta High Court has outlined three essential elements of this offense:

1. The gift or present is received to conceal a crime.

2. It is taken to protect a person from legal punishment.

3. It is received to ensure the person is not punished.

In the case of  Meer Fauj Ali vs. State of Maharashtra, the Bombay High Court stated that until it is proven during investigation or inquiry that the person accepted a gift to protect or conceal a criminal, convicting someone on these grounds is not justified.

Provision of Punishment under Section 250 of Bharatiya Nyaya Sanhita, 2023

The offenses under this section are cognizable and bailable, meaning that the police can directly file an FIR for this crime, and a complaint can also be lodged before a First Class Judicial Magistrate. The hearing of this offense is conducted by a First Class Judicial Magistrate.

The punishments for offenses under this section are divided into three categories:

1. If a person accepts a gift to protect a criminal sentenced to death, they will be punished with seven years of imprisonment and a fine.

2. If a person accepts a gift to protect a criminal sentenced to life imprisonment or up to ten years, they will be punished with a maximum of three years of imprisonment and a fine.

3. If the criminal’s offense is punishable by imprisonment for a minimum term less than ten years, the person accepting a gift to protect them will be punished with one-fourth of the maximum punishment for that crime. 

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Disclaimer: This information is for educational and awareness purposes only. Please consult an attorney authorized by the Bar Association before taking any legal action.