Offering gift or restoration of property in consideration of screening offender
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Summary
Giving, offering, or restoring a gift or property to induce someone to conceal an offence, shield an offender, or not proceed against a person is an offence. Punishment varies with the seriousness of the concealed offence: if punishable with death, up to seven years imprisonment and fine; if punishable with life or up to ten years, up to three years imprisonment and fine; for offences punishable with less than ten years, a shorter proportional term or fine. This does not apply where the offence can lawfully be compounded.
Example
Meera finds a neighbour's stolen bicycle at her house and returns it to the neighbour, asking them not to report her son who took it. Because the theft is punishable with less than ten years, Meera can be prosecuted under this section and face a proportionate prison term (up to one-fourth of the maximum term for the offence) or a fine, or both.
Bare Act
Enacted textWhoever 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’ 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.
Exceptions
(1) The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.
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