Section 214 IPC: Offering Gift or Restoration of Property to Screen Offender
Section 214 of the Indian Penal Code, 1860 dealt with giving, causing, offering, or agreeing to give or cause gratification, or restoring property, in consideration of another person 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 214 IPC - meaning and scope
The provision applied to a person who gave or caused, offered or agreed to give or cause, gratification to another person, or restored or caused the restoration of property to another person, in consideration of that person's 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.
Essential ingredients of Section 214 IPC
- The accused must give, cause, offer, or agree to give or cause gratification, or restore or cause restoration of property.
- The gratification or property must be directed to another person.
- The benefit must be connected with the consideration specified by Section 214.
- 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.
Giving, offering and agreeing are expressly covered
Section 214 was not confined to a completed transfer. Its language included giving or causing gratification, as well as offering or agreeing to give or cause it. The provision likewise covered restoration or causing restoration of property where it formed the consideration for the prohibited conduct.
Restoration of property
The section expressly included restoration, or causing the restoration, of property to another person. The source records that Act 42 of 1953 substituted the wording "restores or causes the restoration of" for the earlier expression "to restore or cause the restoration of".
Three forms of prohibited consideration
- Concealing an offence;
- Screening any person from legal punishment for an offence; or
- Not proceeding against any person for the purpose of bringing that person to legal punishment.
Punishment under Section 214 IPC
| Underlying offence | Punishment under Section 214 |
|---|---|
| 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. |
Exception for offences that may lawfully be compounded
Exception: The IPC expressly provided that Sections 213 and 214 did not extend to a case in which the offence might lawfully be compounded. Whether an offence could lawfully be compounded depended on the applicable criminal procedure law and its conditions.
Section 213 and Section 214 IPC
Section 213 IPC addressed the person who accepts, attempts to obtain, or agrees to accept gratification or restitution for concealment, screening or non-prosecution. Section 214 addressed the corresponding side of the prohibited arrangement: the person who gives, causes, offers, agrees to give, or restores property as the consideration.
Legislative history retained from the source
The source records that Act 3 of 1894, section 7 inserted the historical reference associated with "imprisonment for life"; Act 42 of 1953, section 4 and the Third Schedule substituted the wording concerning restoration of property; Act 8 of 1882, section 6 substituted the exception for the original exception; and the former illustrations were repealed by Act 10 of 1882, section 2 and the First Schedule.
Practical summary
Section 214 IPC targeted the giving or offering side of an arrangement intended to interfere with legal punishment. It covered gratification and restoration of property offered in return for concealment, screening or non-prosecution, while expressly excluding cases in which the underlying offence could lawfully be compounded.