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INDIAN KANOON SECTION 214 IPC - Indian Penal Code - Offering gift or restoration of property in consideration of screening offender

  • Description

    Whoever 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’s 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.


    Applicable Offences

    1. Offering gift or restoration of property in consideration of screening offender, If the offence be capital
    Punishment - 7 Years + Fine
    This is a Bailable, Cognizable offence and triable by Magistrate First Class

    2. If punishable with imprisonment for life or with imprisonment for 10 Years
    Punishment - 3 Years + Fine
    This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class

    3. If punishable with imprisonment for less than 10 Years
    Punishment - One-Fourth of Offence or Fine or Both
    This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
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  Lajpat Nagar 4
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  District Court
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