Legal provisions regarding Taking gift, etc., to screen an offender from punishment under section 213 of Indian Penal Code, 1860.
Taking gift, etc., to screen an offender from punishment:
“Whoever 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.”
Image Source: englishwithjennifer.files.wordpress.com
ADVERTISEMENTS:
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 the imprisonment provided for the offence, or with fine, or with both.”
ADVERTISEMENTS:
Section 213 applies when the person taking bribe is not a public servant; when he is a public servant the more appropriate section would be either Section 161 or Section 162, IPC. Section 213 makes the receiving of gifts or gratification in consideration for concealing an offence screening an offender from legal punishment, an offence.
Section 213 prescribes punishment for compounding of an offence by an individual on pecuniary condition or other gratification. It is the duty of the state to bring the offenders to book.
There are two important ingredients, which must be satisfied for conviction under Section 213:
1. A person accepting or attempting to obtain any gratification or restitution of property for himself or any other person.
ADVERTISEMENTS:
2. Such gratification must have been obtained in consideration of –
(i) Concealing an offence; or
(ii) Screening any person from legal punishment for an offence, or
(iii) Not proceeding against a person for the purpose of bringing him to legal punishment.
The word ‘consideration’ in Section 213 is wide enough to cover any past gift or favour and also the case of something to be done in future. It may be either a promise to conceal an offence or screen the person from legal punishment or it may be a past consideration, the person having been already concealed the offence or screened the person from legal punishment.
An offence under Section 213 is cognizable, but warrant may issue. It is bailable but not compoundable and is triable by the first class Magistrates also.