Section 252 BNS: Taking gift to help to recover stolen property, etc

Bharatiya Nyaya Sanhita, 2023

Section 252 BNS at a Glance

Section 252 BNS deals with taking gift to help to recover stolen property, etc. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 215 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 215 →

Section 252 BNS Bare Act Text

252. Taking gift to help to recover stolen property, etc

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Source: Section 252, Bharatiya Nyaya Sanhita, 2023

Section 252 BNS in Simple Words

Section 252 BNS deals with a person who takes, agrees to take, or consents to take any gratification under the pretence or on account of helping someone recover movable property of which they were deprived by an offence under the Bharatiya Nyaya Sanhita. The person is punishable unless they use all means in their power to cause the offender to be apprehended and convicted of the offence.

It is meant to stop people from profiting off property recovery while shielding the offender from justice. In practice, it often comes up where a middleman, agent, or local fixer takes money to arrange the return of stolen or unlawfully taken goods without helping bring the culprit to justice. If the person taking the benefit uses all means in their power to get the offender apprehended and convicted, this section does not punish them.

Ingredients of Section 252 BNS

  • Deprivation of movable property by an offence punishable under the Bharatiya Nyaya Sanhita, 2023
  • Taking, agreeing to take, or consenting to take gratification under pretence or on account of helping any person recover that property
  • Failure to use all means in power to cause the offender to be apprehended and convicted of the offence

Punishment Under Section 252 BNS

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Taking or agreeing or consenting to take gratification to help recover movable property deprived by an offence carries imprisonment of either description for up to two years, or fine, or both, unless the person uses all means in his power to cause the offender to be apprehended and convicted.

Example of Section 252 BNS

Kavita loses her motorcycle after it is stolen outside a market in Jaipur. Suresh contacts her and agrees to take five thousand rupees under pretence of helping her recover the motorcycle. Suresh takes the money and arranges for the motorcycle to be returned through associates of the thief, but he conceals the identity of the thief and does not use any means in his power to cause the thief to be apprehended and convicted. Suresh is liable under Section 252 BNS.

When Section 252 BNS Does Not Apply

  • The person was not deprived of movable property by an offence punishable under the Bharatiya Nyaya Sanhita, 2023
  • The accused did not take, agree to take, or consent to take any gratification under pretence or on account of helping to recover the property
  • The accused used all means in his power to cause the offender to be apprehended and convicted of the offence

Section 252 BNS in the IPC (Previous Law)

Section 252 BNS replaces Section 215 IPC from the old criminal code.

Section 215 IPC is now Section 252 BNS. The BNS substitutes this Sanhita for this Code, while retaining the same title, statutory elements and punishment.

View IPC Section 215 →

FAQs on Section 252 BNS

Under Section 252 BNS, is it an offence if I pay someone to help trace my stolen property?▼

Section 252 BNS punishes the person who takes, agrees to take, or consents to take gratification under pretence or on account of helping recover the property, unless that person uses all means in their power to get the offender apprehended and convicted.

Does Section 252 BNS apply only to stolen property?▼

No. It covers movable property of which a person has been deprived by any offence punishable under the Bharatiya Nyaya Sanhita, 2023, so it is not limited to theft alone.

What must the prosecution prove under Section 252 BNS?▼

The prosecution must show that a person was deprived of movable property by an offence under the Sanhita, that the accused took, agreed to take, or consented to take gratification under pretence or on account of helping recover that property, and that the accused failed to use all means in their power to cause the offender to be apprehended and convicted.

Is Section 252 BNS still in force after the new criminal laws?▼

Yes. Section 252 BNS is the current provision in force under the Bharatiya Nyaya Sanhita, 2023. Courts and police dealing with current cases apply Section 252 BNS, while offences committed before the new law took effect are governed by the earlier law.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·