BACK TO SECTIONS
IPC 1860REPEALED

Section 213-223

Offences Against Public Justice: Taking Gifts to Screen Offender; Offering Gift for Screening; Taking Gift to Help Recover Stolen Property; Taking Gift to Restore Stolen Property; Harbouring Offender (Aggravated); Fraudulently Suffering Decree; False Claim in Court; Fraudulent Removal of Property; Obstruction of Sale; Illegal Purchase at Execution Sale; Collusion with Public Servant

Replaced by: BNS 250-265

Bailable / Non-BailableCognizable: Non-Cognizable / CognizableMagistrate / Court of Session
THE STATUTE

Original Text

Section 213: Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence... Section 215: 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 Code, shall, unless he uses all means in his power to cause the offender to be apprehended and tried for the offence, be punished...

Simplified

Sections 213–223 address offences against the proper functioning of the justice system — acts that shield criminals from prosecution or corrupt legal proceedings. Section 213 (taking payment to screen an offender) targets private individuals who accept money to conceal a crime or prevent prosecution — distinguishable from Section 212 (harbouring) in that it involves a financial transaction specifically for concealment. Section 215 addresses a distinctive form of corruption common in India — 'recovery agents' who take payment from victims claiming to help recover stolen property but who actually have no intention of pursuing the offender. These 'property recovery' scams doubly victimise — first the criminal takes the property, then the 'helper' takes money for doing nothing. Sections 217–223 address official misconduct — public servants who fail to apprehend offenders (Section 217), destroy evidence to screen offenders (Section 218), wrongfully suffer a court decree (Section 220), and obstruct execution sales (Section 222).

Legal Evolution

Sections 213-223 address offences of harbouring and screening offenders from justice — conduct that undermines the criminal justice system by enabling criminals to evade accountability. Drawn from English misprision of felony and the related offences of being an accessory after the fact, these provisions impose criminal liability on those who shelter, assist, or screen persons they know to have committed offences. Courts have applied them to family members, associates, and corrupt officials who provide refuge to known criminals.

Landmark Precedents

Mahesh v. State of Gujarat (2010)

(2010) 14 SCC 516
RELEVANCE

Sections 201 and 213 were applied simultaneously in a murder case — concealing evidence and taking gratification to screen an offender can be charged together.

Practical Scenarios

"A witness who is paid to not appear in court to screen an accused — Section 213."
"A 'recovery agent' who takes ₹10,000 from a robbery victim claiming to get the property back but never intends to pursue the robber — Section 215."

Common Queries

Depends on context. Compoundable offences can be legitimately settled. But accepting money to conceal a non-compoundable serious crime is Section 213 (taking gratification to screen offender).