Section 215 IPC: Taking gift to help to recover stolen property, etc

Indian Penal Code, 1860

Section 215 IPC at a Glance

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

Punishment

Imprisonment of either description for up to two years.

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

Section 252 →

Section 215 IPC Bare Act Text

215. 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 Code, 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 215, Indian Penal Code, 1860

Section 215 IPC in Simple Words

Section 215 of the Indian Penal Code (IPC) punishes taking, agreeing to take, or consenting to take any gratification under pretence or on account of helping any person to recover movable property of which he was deprived by an offence punishable under the Code. The section does not apply if the person uses all means in his power to cause the offender to be apprehended and convicted of the offence.

The punishment is imprisonment of either description for up to two years, or fine, or both. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 215 IPC

  • A person was deprived of movable property by an offence punishable under the Code
  • The accused took or agreed to take or consented to take gratification under pretence or on account of helping any person to recover that property
  • The accused did not use all means in his power to cause the offender to be apprehended and convicted of the offence

Punishment Under Section 215 IPC

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 215 IPC

In 2018 in Kochi, Meenakshi was deprived of her movable brass temple lamps through house-breaking by night, an offence punishable under the Indian Penal Code. Soon afterwards, Damodar approached Meenakshi and took a silk shawl from her on account of helping her recover the stolen lamps. Damodar retrieved the lamps from the burglar and handed them back to Meenakshi, but he deliberately withheld the burglar's whereabouts and failed to use the means in his power to have the offender apprehended and convicted. Damodar is punishable under Section 215 IPC.

When Section 215 IPC Does Not Apply

  • Section 215 IPC does not apply when the movable property was lost by accident rather than taken through an offence punishable under the Indian Penal Code.
  • Section 215 IPC does not apply if the person assisting in the recovery of the movable property neither takes, agrees to take, nor consents to take any gratification.
  • Section 215 IPC does not apply where the person who takes the gratification uses every means within his power to secure the apprehension and conviction of the offender.

Section 215 IPC in the BNS

Section 215 IPC is now covered under Section 252 BNS.

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 detailed comparison (IPC 215 vs BNS 252) →

FAQs on Section 215 IPC

What does Section 215 IPC punish?▼

It punishes taking, agreeing to take, or consenting to take gratification under pretence or on account of helping any person recover movable property taken by an offence, unless all means are used to cause the offender to be apprehended and convicted.

What is the punishment under Section 215 IPC?▼

Imprisonment of either description for a term which may extend to two years, or fine, or both.

Is an offence under Section 215 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 215 IPC?▼

A Magistrate of the first class.

Can an offence under Section 215 IPC be compounded?▼

No. Section 215 IPC is not compoundable under Section 320 CrPC.

What exception is provided in Section 215 IPC?▼

The section does not punish a person who uses all means in his power to cause the offender to be apprehended and convicted of the offence.

Where is Section 215 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 252 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·