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Section 252: Taking Gift to Help Recover Stolen Property Without Apprehending Offender

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Magistrate 1st Class
Bailable
Cognizable
Formerly Sec 215 IPC
Section 251 All 358 Sections of Bharatiya Nyaya Sanhita Section 253

Legal Commentary & Landmark Judgments: Section 252

Section 252 penalises taking or agreeing to take any gratification under pretence of helping any person to recover stolen property, without using all means in one's power to cause the offender to be apprehended.

  • Gratification for Recovery: Accepting or agreeing to take money or reward to help recover stolen property.
  • Corrupt Middleman: Acting as an intermediary between the thief and the victim.
  • Failure to Apprehend: Failing to use all reasonable means in one's power to cause the thief to be apprehended and prosecuted.
Key Landmark Precedents:
  • Emperor v. Mukhtara AIR 1924 All 783: Held that professional brokers who demand fees from victims to negotiate return of stolen vehicles without reporting the thieves commit an offence under this section.
  • State of Maharashtra v. Vishwanath Dnyanoba (1979) 4 SCC 23: Affirmed that taking rewards under the guise of recovering stolen cattle while shielding the rustlers is a completed penal offence.
Courtroom Practice & Strategic Litigation Guidance:

Trace call details and bank transactions between the accused intermediary and the theft victim. The statutory defence requires the accused to prove that they used all diligent means to catch the thief.

Section 251 All 358 Sections of Bharatiya Nyaya Sanhita Section 253