Section 252 of the Bharatiya Nyaya Sanhita, 2023 (BNS) addresses the issue of gratification for assistance in recovering stolen property. This section is significant as it outlines the legal repercussions for individuals who solicit or accept any form of gratification under the pretense of aiding in the recovery of stolen movable property.
Key Provisions
- Gratification for Assistance: The section specifically targets those who take or agree to take any form of gratification while claiming to help recover stolen property. This includes any movable property that has been unlawfully taken from its owner.
- Conditions for Punishment: To avoid punishment, the individual must demonstrate that they have made all reasonable efforts to ensure that the offender is apprehended and convicted. Failure to do so will result in legal consequences.
- Penalties: The penalties for violating this section can include:
- Imprisonment for a term that may extend up to two years,
- A monetary fine,
- Or both imprisonment and fine.
Comparison with Indian Penal Code (IPC)
The provisions outlined in Section 252 of the BNS have similarities with certain sections of the Indian Penal Code (IPC). Specifically, it corresponds with IPC provisions regarding offenses related to theft and recovery, emphasizing the need for accountability in cases involving stolen property.
Conclusion
Section 252 of the Bharatiya Nyaya Sanhita serves as a deterrent against corruption and exploitation in the context of recovering stolen property. By imposing penalties on individuals who misuse their position under false pretenses, it aims to promote integrity and accountability within legal proceedings related to theft.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
