Taking gift to help to recover stolen property, etc
What this section does
Targets persons who accept or agree to accept a gratification under the pretence of helping someone recover movable property lost through an offence, but then fail to use all available means to get the offender apprehended and convicted. The section creates a conditional liability: the offence is complete only if the person does not actually use all means in his power to secure the offender's conviction.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 2 years, or fine, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused took, agreed, or consented to take a gratification
- The gratification was under pretence of, or on account of, helping a person recover movable property
- The property was lost through an offence punishable under the BNS
- Accused failed to use all means in his power to cause the offender to be apprehended and convicted
Practitioner note
Liability is avoided if the accused actually uses all means in his power to secure the offender's apprehension and conviction — the section creates a defence of genuine effort.
Derived from IPC s.215.
Read the official text
For the binding statutory text of BNS Section 252, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 252 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.