Taking gift to help to recover stolen property, etc
Section 252 of the Bharatiya Nyaya Sanhita, 2023 deals with taking gift to help to recover stolen property, etc. Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be The Act came into force on 01 Jul 2024.
Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 252, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 215 Taking gift to help to recover stolen property, etc Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Taking gift to help to recover movable property of which a person has been deprived by an offence without causing apprehension of offender. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arshad vs State of Rajasthan through P P
Decided under Indian Penal Code 215, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal antecedents and involvement in multiple prior criminal cases constitute a material consideration in bail applications under Section 439 CrPC, and where an accused is established to be a habitual offender with a pattern of similar crimes, the court may refuse bail notwithstanding other circumstances.
On this section: Offence of giving or fabricating false evidence with intent to procure conviction for offence punishable with life or 7+ years imprisonment; cited as one of the charges
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Banwari vs State of Rajasthan through Pp
Decided under Indian Penal Code 215, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a co-accused in the same criminal case has been granted bail by the High Court, and the petitioner has been in custody for a substantial period without trial, the High Court may grant regular bail under Section 439 CrPC without expressing opinion on case merits, subject to the Trial Court's satisfaction of bail conditions.
On this section: Offence of giving or fabricating false evidence; charge against petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 252
What have the courts held on Section 252 of the Bharatiya Nyaya Sanhita?
Arshad vs State of Rajasthan through P P (01 May 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 215, which this section replaced -- the court never mentioned this Act: Offence of giving or fabricating false evidence with intent to procure conviction for offence punishable with life or 7+ years imprisonment; cited as one of the charges. Another 1 judgment on this section is set out below. They run from 2016 to 2017.
Is Section 252 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 252 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 252 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 252, section 252 BNS, section 252 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 252 2 in hindi and 252 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Arshad vs State of Rajasthan through P P (01 May 2017).
What should I read with Section 252 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 215 (Taking gift to help to recover stolen property, etc), so the judgments decided under that provision are the case law on this one.
When did Section 252 of the Bharatiya Nyaya Sanhita come into force?
Section 252 of the Bharatiya Nyaya Sanhita, cited as BNS 252, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.