Code: Section 252 BNS
Whoever takes or agrees or consents to take any gratification under pretence
or on account of helping any person to recover any movable property of which he shall
have been deprived by any offence punishable under this Sanhita, shall, unless he uses
all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
Explanation of Section 252 BNS
What Does Section 252 BNS Cover?
This section prohibits accepting gifts or rewards under the false promise of recovering stolen goods without actually helping to catch the offender.
Key Elements of Section 252 BNS
- Taking or Agreeing to Accept Gratification – Any form of money, gifts, or rewards is included.
- Promise to Help Recover Stolen Property – The person must claim they will help retrieve stolen or lost goods.
- Failure to Apprehend the Offender – The law punishes those who accept a reward but do not help in convicting the criminal.
Illustrations
Example 1: A Fake Recovery Agent Demands a Reward
A person’s bike is stolen, and an individual offers to help recover it for ₹10,000. However, they do not report the crime or assist in catching the thief. They can be punished under Section 252 BNS.
Example 2: A Security Guard Demands Money to Retrieve a Stolen Mobile
A security guard witnesses a theft and later demands ₹5,000 from the victim to return the stolen mobile phone. Since he does not assist in convicting the thief, he can be punished under this section.
Relation with Other Sections
- Section 251 BNS – Covers offering a bribe to conceal a crime.
- Section 250 BNS – Covers taking a bribe to shield an offender.
- Section 239 BNS – Covers failing to report an offence despite legal duty.
Common Questions on Section 252 BNS
1. What is the main objective of Section 252 BNS?
- To prevent fraud and corruption in the recovery of stolen property.
2. What is the punishment under Section 252 BNS?
- Up to 2 years imprisonment, or fine, or both.
3. Who can be punished under Section 252 BNS?
- Anyone who takes a bribe to help recover stolen goods but does not ensure the criminal is caught.
4. Is Section 252 BNS a cognizable offence?
- Yes, police can arrest the accused without prior approval from a magistrate.
Conclusion
Section 252 BNS ensures that no one profits from false promises of recovering stolen property. It protects victims from fraud and encourages honest reporting of crimes.
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