Section 251 BNS: Offering gift or restoration of property in consideration of screening offender
Bharatiya Nyaya Sanhita, 2023
Section 251 BNS at a Glance
Section 251 BNS deals with offering gift or restoration of property in consideration of screening offender. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 214 IPC on 1 July 2024.
The term follows the offence screened. If that offence is punishable with death, imprisonment of either description for up to seven years. If punishable with imprisonment for life or up to ten years, imprisonment of either description for up to three years. If punishable with imprisonment not extending to ten years, imprisonment of the description provided for that offence for up to one-fourth of its longest term.
Section 251 BNS Bare Act Text
251. Offering gift or restoration of property in consideration of screening offender
Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Exception.—The provisions of this section and section 250 do not extend to any case in which the offence may lawfully be compounded.
Source: Section 251, Bharatiya Nyaya Sanhita, 2023
Section 251 BNS in Simple Words
Section 251 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who gives or promises any gift, or returns property, in order to screen an offender from legal punishment. In simple terms, it targets anyone who tries to help a wrongdoer escape the law by offering money, property, or some other benefit to the person who has been harmed or to someone acting for them. This section applies where the offer is made with the purpose of preventing the offender from being prosecuted or punished. The law does not wait for the offender to actually escape.
Even the act of offering the inducement can attract liability if the intent is to suppress the case. It is meant to protect the criminal justice process from private settlements that hide offences, especially serious ones. In practice, it matters when victims or their representatives are persuaded to stay silent, withdraw support, or compromise a matter in exchange for property or a benefit.
Ingredients of Section 251 BNS
- Giving, offering, or agreeing to give gratification or restore property to any person
- The consideration being concealment of an offence or screening an offender from punishment
- The consideration being forbearance to proceed against any person for legal punishment
- The underlying offence not being one that may lawfully be compounded
Punishment Under Section 251 BNS
The term follows the offence screened. If that offence is punishable with death, imprisonment of either description for up to seven years. If punishable with imprisonment for life or up to ten years, imprisonment of either description for up to three years. If punishable with imprisonment not extending to ten years, imprisonment of the description provided for that offence for up to one-fourth of its longest term.
Where the offence screened is capital or punishable with imprisonment for life or up to ten years, the offender is also liable to fine in addition to imprisonment; for lesser offences, the court may impose fine alone or alongside imprisonment. The section specifies no maximum amount.
Offering gratification or property restoration to screen an offender carries imprisonment for up to seven years and liability to fine if the offence is capital, up to three years and liability to fine if punishable with life or ten years, and up to one-fourth of the maximum term, or fine, or both for lesser offences.
Example of Section 251 BNS
When Section 251 BNS Does Not Apply
- No gratification was given or offered, and no property was restored or agreed to be restored
- Property was restored to its lawful owner without any agreement to conceal an offence or screen an offender
- The underlying offence is one that may lawfully be compounded
- The gratification or restoration was not in consideration of concealing an offence, screening any person from legal punishment for any offence, or not proceeding against any person to bring him to legal punishment
Section 251 BNS in the IPC (Previous Law)
Section 251 BNS replaces Section 214 IPC from the old criminal code.
Section 214 IPC is now Section 251 BNS. The provision is reorganised into clause a, clause b and clause c, and the old subheadings are omitted. The Exception now refers to Sections 250 and 251 BNS instead of Sections 213 and 214 IPC. The penalty tiers and sentencing limits remain unchanged.
View IPC Section 214 →FAQs on Section 251 BNS
Under Section 251 BNS, is it enough if the gift was only promised and not actually given?▼
Yes. The offence can be made out even when the benefit is only offered or promised. The law focuses on the intention behind the offer, not just on whether the property was actually transferred.
Does Section 251 BNS apply if the victim accepts the money and does not complain?▼
Acceptance by the victim does not automatically wipe out the offence. If the payment was made to stop legal action or to shield the offender, the person making the offer can still be liable.
Is Section 251 BNS still in force after the new criminal law came in?▼
Yes. Section 251 BNS is the provision in force under the Bharatiya Nyaya Sanhita, 2023. For current matters, Section 251 BNS applies, while older conduct is examined under the law that was in force at the time of the act.
Can Section 251 BNS apply in settlement talks?▼
It can, if the settlement is used to hide an offence or stop lawful prosecution. A genuine civil settlement is different, but any deal meant to screen an offender for a non-compoundable offence can attract criminal liability.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·