What is Section 213 IPC? Taking gift to screen an offender from punishment
Published on: Lawiz Team
Learn about Section 213 IPC: Taking gift to screen an offender from punishment
Official Legal Text
Whoever accepts, or agrees to accept, or attempts to obtain, from any person, any gratification for himself or any other person, or any valuable thing, without consideration, or for a consideration which he knows to be inadequate,
with the intention of screening any person from legal punishment for any offence, or of not proceeding against any person for the purpose of bringing him to legal punishment,
shall, if the offence is punishable with death, imprisonment for life, or imprisonment for a term which may extend to ten years, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 213 punishes anyone who accepts a gift or benefit in exchange for protecting an offender from punishment.
Purpose
To prevent corruption and ensure that offenders do not escape punishment through bribery.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine; If the offence is punishable with death, imprisonment for life, or 10 years, imprisonment up to 10 years, and fine.
Key Elements
1. The person must accept or agree to accept a gift. 2. The gift must be in exchange for protecting an offender from punishment. 3. The person must know or have reason to believe that the individual is an offender.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Legal Defenses
If the person can prove they were unaware of the offender's criminal status.
Judicial Interpretation
Courts focus on the intention behind accepting the gift and knowledge of the offence.
Illustration
If a police officer accepts money to suppress evidence of a crime, they can be punished under Section 213.
FAQs
What does Section 213 IPC define?
Taking gift to screen an offender from punishment.
Where is Section 213 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 213 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 213 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 213 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 213 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 213 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.