Section 213 IPC: Taking Gift to Screen an Offender From Punishment
Section 213 of the Indian Penal Code, 1860 dealt with accepting, attempting to obtain, or agreeing to accept gratification or restitution of property in consideration of concealing an offence, screening an offender from legal punishment, or not proceeding against a person for the purpose of bringing that person to legal punishment.
Section 213 IPC - meaning and scope
The provision applied where a person accepted, attempted to obtain, or agreed to accept any gratification for himself or another person, or restitution of property to himself or another person, as consideration for concealing an offence, screening a person from legal punishment for an offence, or not proceeding against a person for the purpose of bringing that person to legal punishment.
Essential ingredients of Section 213 IPC
- The accused must accept, attempt to obtain, or agree to accept gratification or restitution of property.
- The benefit may be for the accused or for another person.
- The gratification or restitution must be accepted or sought in consideration of one of the acts specified in Section 213.
- The consideration may be concealment of an offence, screening a person from legal punishment, or not proceeding against a person to bring that person to legal punishment.
Acceptance, attempt and agreement are separately covered
Section 213 was not confined to a completed receipt of a benefit. Its language expressly included an attempt to obtain and an agreement to accept the gratification or restitution. Accordingly, the provision addressed the prohibited bargain in the forms specifically stated by the section.
Gratification or restitution of property
The provision covered both "gratification" and "restitution of property". It also expressly contemplated a benefit intended either for the person acting under Section 213 or for another person. The relevant benefit had to be connected with the prohibited consideration described in the section.
Three forms of prohibited consideration
- Concealing an offence;
- Screening any person from legal punishment for an offence; or
- Not proceeding against a person for the purpose of bringing that person to legal punishment.
Punishment under Section 213 IPC
| Underlying offence | Punishment under Section 213 |
|---|---|
| Offence punishable with death | Imprisonment of either description for a term which may extend to seven years, and liability to fine. |
| Offence punishable with imprisonment for life, or imprisonment which may extend to ten years | Imprisonment of either description for a term which may extend to three years, and liability to fine. |
| Offence punishable with imprisonment not extending to ten years | Imprisonment of the description provided for the underlying offence for a term which may extend to one-fourth of the longest term provided for that offence, or fine, or both. |
Why the punishment varies
Section 213 linked the punishment for accepting or seeking the prohibited consideration to the seriousness of the underlying offence. The highest specified term applied where the offence being concealed or screened was punishable with death, while the other punishment levels applied according to the maximum punishment prescribed for the underlying offence.
Section 212 and Section 213 IPC
Section 212 IPC dealt with harbouring or concealing an offender with intent to screen that person from legal punishment. Section 213 dealt with a different form of interference with justice: accepting, seeking or agreeing to accept gratification or restitution in consideration of concealment, screening, or refraining from proceeding against an offender.
Section 213 and Section 214 IPC
Section 213 focuses on the person who takes, seeks or agrees to accept the prohibited benefit. Section 214 IPC addresses the corresponding conduct of offering a gift or restoration of property in consideration of screening an offender.
Legislative note
The source page records a historical legislative footnote referring to Act 3 of 1894, section 7. This note has been retained as part of the source material.
Practical summary
Section 213 IPC targeted a bargain to obstruct legal punishment through concealment, screening, or a decision not to proceed against an offender. It covered accepting the benefit as well as attempting to obtain or agreeing to accept it, and the punishment depended on the seriousness of the offence involved.