Section 213 IPC: Taking gift, etc., to screen an offender from punishment
Indian Penal Code, 1860
Section 213 IPC at a Glance
Section 213 IPC deals with taking gift, etc., to screen an offender from punishment. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 250 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.
Section 213 IPC Bare Act Text
213. Taking gift, etc., to screen an offender from punishment
Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his 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,
if a capital offence.—shall, 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;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall 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.
Source: Section 213, Indian Penal Code, 1860
Section 213 IPC in Simple Words
Section 213 of the Indian Penal Code (IPC) punishes accepting, attempting to obtain, or agreeing to accept any gratification or restitution of property in consideration of concealing an offence, screening any person from legal punishment, or not proceeding against any person to bring them to justice. If the concealed or screened offence is punishable with death, the offender is punishable with imprisonment of either description for a term which may extend to seven years, and fine.
If that offence is punishable with imprisonment for life or with imprisonment extending to ten years, the offender is punishable with imprisonment of either description for a term which may extend to three years, and fine. Where the offence is punishable with imprisonment not extending to ten years, the offender is punishable with imprisonment for a term which may extend to one-fourth of the longest term provided for that offence, or fine, or both.
The offence is cognizable and bailable across all tiers, and is triable by a Magistrate of the first class.
Ingredients of Section 213 IPC
- Acceptance, attempt to obtain, or agreement to accept gratification or restitution of property
- The gratification or restitution was for the accused or any other person
- The consideration was concealing an offence, screening a person from legal punishment, or abstaining from proceeding against any person
Punishment Under Section 213 IPC
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.
Taking gratification to screen an offender carries imprisonment for up to seven years and fine if the offence is capital, up to three years and 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 213 IPC
When Section 213 IPC Does Not Apply
- Section 213 IPC does not apply when a person neither accepts, attempts to obtain, nor agrees to accept any gratification or restitution of property.
- Section 213 IPC does not apply if the benefit or property restitution is received for a lawful purpose rather than in return for hiding a crime, shielding an offender from punishment, or refraining from legal action.
- Section 213 IPC does not apply where the act concealed is not an offence punishable under law.
Section 213 IPC in the BNS
Section 213 IPC is now covered under Section 250 BNS.
Section 213 IPC is now Section 250 BNS. The provision is reorganised into clause a, clause b and clause c, and the old subheadings are omitted. The substantive elements, tiered penalty structure and punishment terms remain unchanged.
View detailed comparison (IPC 213 vs BNS 250) →FAQs on Section 213 IPC
What conduct is prohibited by Section 213 IPC?▼
It punishes accepting, attempting to obtain, or agreeing to accept any gratification or restitution of property in consideration of concealing an offence, screening an offender from punishment, or not proceeding against an offender.
Under Section 213 IPC, what is the sentence if the offence screened is punishable with death?▼
Imprisonment of either description for a term which may extend to seven years, and liability to fine.
Under Section 213 IPC, what is the sentence if the offence screened is punishable with life imprisonment or imprisonment for up to ten years?▼
Imprisonment of either description for a term which may extend to three years, and liability to fine.
Under Section 213 IPC, what is the sentence for screening offences punishable with imprisonment for less than ten years?▼
Imprisonment of the description provided for the offence for up to one-fourth part of the longest term provided for that offence, or fine, or both.
Does Section 213 IPC apply if the gratification was agreed upon but not yet paid?▼
Yes. The statutory wording expressly covers whoever agrees to accept any gratification or restitution, so the offence is complete upon the agreement.
Is an offence under Section 213 IPC cognizable and bailable?▼
It is cognizable and bailable throughout all three penalty tiers.
Which court is competent to try an offence under Section 213 IPC?▼
A Magistrate of the first class.
Can an offence under Section 213 IPC be compounded?▼
No. Section 213 IPC is not compoundable under Section 320 CrPC.
Where is Section 213 IPC found in the Bharatiya Nyaya Sanhita?▼
In Section 250 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·