Legal Provisions of Section 215 of Indian Penal Code, 1860.
Taking gift to help to recover stolen property, etc:
ADVERTISEMENTS:
This section punishes taking etc. of gratification on the pretext of helping a person to get back his property of which he was deprived previously, without apprehending the criminal who was responsible for the deprivation. There are professional truckers who are in league with criminals who specialise in depriving others of movable properties by committing theft and other offences. They then charge money on the understanding that the property would be restored.
This section takes care of such professionals also. The section states that whoever either takes, or agrees to take, or consents to take, any gratification, either under pretense or on account, of helping any person to recover any movable property of which he shall have been deprived by the commission of any offence under the Indian Penal Code, shall be punished, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, with simple or rigorous imprisonment for a term extending upto two years, or with fine, or with both.
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Taking, or agreement to take, or consenting to take, any gratification have been treated at par under this section and the prosecution must prove at least one of these three. Such must be done under pretense or on account of getting back one’s movable property of which he was deprived by another through an offence under the Code.
However, if the accused under this section proves that he used all means in his power to cause the offender to be apprehended and convicted of the offence by which he had deprived him of movable property, his guilt under this section is negated.
ADVERTISEMENTS:
Returning a stayed bullock to its owner after demanding money which the owner paid does not make one responsible under this section. The owner may be deprived of property by theft or any other offence like dishonest misappropriation of property.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class.