Taking gift, etc., to screen an offender from punishment
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Summary
Accepting or trying to obtain any gratification or return of property to conceal an offence, to screen someone from legal punishment, or to refrain from proceeding against them is an offence. Penalty depends on how serious the hidden offence is: if it attracts death, punishment may be up to seven years' imprisonment and fine; if life or up to ten years, up to three years and fine. If the offence is punishable with imprisonment not exceeding ten years, punishment may be imprisonment up to one fourth of the maximum term, or fine, or both.
Example
Priya accepts money to conceal that Arjun damaged a neighbour's car; the underlying offence is punishable with imprisonment not exceeding ten years. Priya can be punished with imprisonment up to one fourth of the maximum term for that offence, or with fine, or with both.
Bare Act
Enacted textWhoever 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.
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